FOR 
•IFTH  AND  SIXTH  CLASS  CITIES 


Q 


SECOND  EDITION 

1921 


BY 
WM.  J,  LOCKE 


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1.  Ti 


UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


A  HANDBOOK 

FOR 

CITY  OFFICIALS 

OF  THE 

Fifth  and  Sixth  Class  Cities 

OF  THE 

STATE  OF  CALIFORNIA 
SECOND  EDITION 


By  Wm.  J.  Locke 
Executive  Secretary 

LEAGUE  OF  CALIFORNIA  MUNICIPALITIES 


1921 


PUBLISHED     BY 

A.  CARLISLE  &  CO. 

SAN   FRANCISCO 


T 


EXPLANATORY. 

This  handbook  is  issued  by  the  League  of  California  Munici- 
palities for  the  purpose  of  enabling  the  officials  of  our  cities  and 
towns  to  obtain  a  better  understanding  of  municipal  government. 

It  comprises  a  collection  of  those  sections  of  the  constitution 
and  general  laws  which  concern  municipalities,  also  that  portion 
of  the  municipal  corporation  act  which  constitutes  the  basic  law 
under  which  our  fifth  and  sixth  class  cities  are  governed.  In 
addition  thereto,  it  contains  much  valuable  information  for  the 
officials  of  newly-incorporated  towns,  including  a  number  of  model 
forms  and  ordinances. 

Each  city  and  town  belonging  to  the  League  of  California 
Municipalities  is  entitled  to  one  copy  of  the  book  free  of  charge, 
but  it  is  suggested  that  necessary  additional  copies  be  procured 
for  use  of  the  attorney,  clerk,  engineer,  recorder,  street  superin- 
tendent, and  each  member  of  the  board  of  trustees.  These  addi- 
tional copies  may  be  obtained  from  the  publishers,  A.  Carlisle  & 
Co.,  of  San  Francisco,  at  a  nominal  cost. 

Any  amendments  to  the  law  made  by  the  next  legislature  will 
lie  printed  on  slips  which  may  be  pasted  in  the  book  over  the 
amended  law.  These  amendments  will  be  published  and  dis- 
tributed by  the  League  free  of  charge. 

Wm.  J.    Locke 

Executive  Secretary 
LEAGUE  OF  CALIFORNIA  MUNICIPALITIES 


HE  LEAGUE  OF  CALIFORNIA  MUNICIPALITIES. 

"Two  years  ago  a  special  committee  of  the  National  Municipal  League 
gathered  the  reports  of  all  the  leagues  of  municipalities,  conferences  of 
mayors  and  sim'lar  organizations,  and  also  various  other  information 
$^  regarding  the  activities  and  history  of  these  organizations. 

"It  was  the  opinion  of  the  committee  that  the  best  and  most  effective 
league  was  the  California  League  of  Municipalities,  and  that  it  constituted 
the  highest  development  of  such  organizations  yet  seen  in  the  United  States." 
— Clinton  Rogers  Woodruff,  in  "The  American  City,"  June,  1914. 

One  day  in  December,  1898,  a  handful  of  men  assembled  in  the 
City  of  San  Francisco  and  formed  the  organization  that  has 
proved  such  a  great  factor  in  the  growth  and  improvement  of 
the  cities  and  towns  of  California.  At  that  time  municipal  gov- 
ernment in  the  United  States  was  in  a  deplorable  condition. 
Bryce  in  his  "American  Commonwealth"  had  referred  to  it  as 
"our  one  conspicuous  failure."  Graft,  bossism  and  inefficiency 

Prevailed  in  nearly  all  the  great  cities  of  the  country,  and  a  cry 
ad  been  raised  throughout  the  land  for  municipal  reform. 

This  was  the  situation  when  the  suggestion  was  made  for  the 
organization  of  state  leagues.  The  idea  appealed  so  favorably 
to  those  interested  in  the  movement  in  California  that  a  meeting 
was  called  which  resulted  in  the  organization  of  the  League  of 
California  Municipalities.  The  success  of  the  organization  is 
evidenced  by  the  fact  that  at  this  writing,  out  of  the  250  incorpor- 
ated cities  and  towns  in  California,  240  are  members  of  the  League. 

Prior  to  the  formation  of  the  League  no  record  was  kept  of 
municipal  work  and  improvement.  Each  city  and  town  was  com- 
pletely in  the  dark  as  to  what  the  others  were  doing.  There  was 
no  incentive  to  do  very  much. 

With  the  formation  of  the  League  all  this  was  changed.  An 
official  organ,  giving  accounts  of  the  various  municipal  improve- 
ments going  on  throughout  the  state,  was  published  monthly  and 
distributed  free  to  the  officials  of  the  cities  and  towns  belonging- 
to  the  League.  These  accounts  of  what  some  of  the  cities  were 
doing  stirred  the  others  to  action,  and  new  life  was  injected  into 
municipal  affairs.  Comparative  tables  are  published  from  time 
to  time,  showing  work  under  way,  and  calling  attention  to  the 
cities  and  towns  which  are  making  the  greatest  progress. 

At  the  annual  meetings  the  city  officials  attending  are  called 
upon  to  tell  of  the  achievements  of  their  respective  municipalities 
during  the  preceding  year,  and  their  plans  for  the  future,  and  these 
accounts  serve  as  a  stimulus  to  further  progress. 

However,  the  principal  value  of  the  annual  meetings  lies  in  the 
fact  that  they  serve  as  a  clearing  house  of  ideas  and  experiences, 
where'  officials  may  report  the  results  of  tests  and  experiments 


4  LEAGUE  OF  CALIFORNIA  MUNICIPALITIES 

and  thus  enable  the  others  to  profit  by  their  experience.  Outside 
the  formal  discussions  much  good  is  accomplished  by  private 
talks  between  the  delegates.  During  recesses,  at  meal  times, 
wherever  and  whenever  two  or  more  officials  get  together  the 
discussions  are  continued  and  extended.  Everybody  talks  "shop." 
A  person  attending  one  of  these  conventions  would  be  amazed  at 
the  almost  total  exclusion  of  private  affairs  from  the  conversation 
of  the  delegates. 

A  stenographic  report  of  the  discussions  is  subsequently  pub- 
lished in  the  official  organ  and  distributed  free  to  the  officials  of 
the  cities  and  towns  belonging  to  the  League. 

The  membership  of  the  League  is  confined  to  the  incorporated 
cities  and  towns  and  all  city  and  town  officials,  appointive  as 
well  as  elective,  are  invited  to  attend  the  meetings  and  partici- 
pate in  the  discussions.  Frequently  an  entire  city  council  will 
attend  a  convention. 

The  annual  dues  range  from  $10.00  to  $60.00  per  year  according 
to  population.  The  fact  that  the  membership  has  increased  every 
year  and  that  a  town  rarely  surrenders  its  membership  is  proof 
that  the. organization  has  justified  its  existence. 

The  League's  publication,  (Pacific  Municipalities),  is  issued 
monthly  and  sent  free  to  the  officials  of  the  cities  belonging  to  the 
League.  Its  columns  are  devoted  to  articles  by  city  officials  and 
experts  who  are  recognized  as  authorities  on  municipal  problems, 
besides  containing  accounts  of  what  the  cities  are  doing,  lists  of 
new  ordinances  passed  during  the  preceding  month,  latest  court 
decisions  of  concern  to  municipalities,  etc. 

The  League  maintains  a  headquarters  and  Bureau  of  Informa- 
tion in  San  Francisco,  and  city  officials  are  encouraged  to  make 
liberal  use  of  this  feature.  Replies  to  inquiries  are  sent  without 
delay  and,  in  the  majority  of  cases,  by  return  mail.  Among 
other  things,  the  League  collects  copies  of  new  ordinances,  speci- 
fications, legal  opinions,  pamphlets  and  other  literature  relating 
to  municipal  affairs,  which  are  carefully  indexed  and  loaned  1o 
city  officials  upon  application.  The  advantage  of  this  feature  to 
a  city  attorney,  when  called  upon  to  prepare  an  ordinance  on  any 
given  subject,  is  very  great.  For  a  two-cent  stamp  he  can  write 
to  the  League  headquarters  and  secure  by  return  mail  half  a  dozen 
of  the  latest  ordinances  on  tho  subject. 

The  League  has  also  concerned  itself  very  largely  in  matters  of 
legislation,  the  main  objects  being  to  secure  (1st)  more  power 
to  municipalities,  fL'udi  to  simplify  procedure,  and  (3rd)  to  oppose 
any  threatened  legislation  violating  these  principles.  A  com- 
mittee is  on  hand  at  every  session  of  the  legislature. 


THE   ADVANTAGED    OF   INCORPORATION 
TO   SMALL  TOWNS. 

The  question  is  frequently  asked:  Of  what  advantage  is  it 
to  the  people  of  a  small  town-having  a  population  of  from  500  to 
1,000  to  incorporate  as  a  municipality? 

Among  those  who  ask  the  question  are  many  who  are  inclined 
to  measure  any  advantage  that  might  be  gained  in  dollars  and 
cents  and  then  offset  it  by  the  dollars  and  cents  they  would  have 
to  pay  as  municipal  taxes. 

It  is  impossible  to  measure  the  advantages  of  incorporation 
in  the  terms  of  finance,  just  as  it  is  impossible  to  measure  the 
value  that  education  confers  upon  the  human  race  by  the  cost  of 
maintaining  schools.  It  is  not  a  matter  for  comparison. 

It  is  a  well-known  fact  that  the  bringing  together  of  a  number 
of  people  in  the  form  of  a  social  body  begets  certain  necessities 
which  are  peculiar  to  that  very  circumstance.  One  man  does 
not  require  a  sewer  system,  but  such  an  institution  becomes  a 
necessity  when  a  community  is  established  and  a  great  many 
people  begin  living  together  in  close  physical  relationship. 
Neither  does  a  small  community  require  a  transportation  system, 
a  necessity,  however,  when  the  small  town  becomes  a  large  city. 

This  illustrates  the  point  that  must  be  kept  in  mind,  to-wit: 
that  a  community  is  like  an  organism,  an  entity  having  its  own 
existence  to  take  care  of  irrespective  of  the  individual  wishes 
of  its  constituent  members.  Its  needs  must  be  satisfied,  other- 
wise it  will  cease  to  thrive  and  grow.  It  will  become  anaemic, 
so  to  speak,  and  finally  retrograde,  just  as  the  human  body  will 
retrograde  if  its  demands  are  not  satisfied.  The  question  then 
for  a  community  to  determine  is  this:  Are  our  community 
necessities  being  fully  satisfied? 

Let  us  analyze  these  necessities.  The  first  need  of  a  community 
is  a  highway,  a  means  by  which  one  inhabitant  may  reach  another 
inhabitant.  Two  families  may  require  a  connecting  pathway 
only,  whereas  one  hundred  families  will  need  a  street  system. 
Then  follows  another  question:  Is  our  street  system  maintained 
as  we  want  it?  That  is  to  say,  Are  the  streets  properly  graded, 
drained,  paved,  sprinkled,  and  lighted  at  night,  and  are  there 
proper  sidewalks  and  crosswalks?  Are  there  trees  along  the 
streets?  Do  things  commend  themselves  to  our  senses?  If  not, 
then  the  inquiry  is  made — Who  can  do  those  things  for  us?  Can 
the  county  supply  those  needs?  The  answer  will  be  that  the 
county  is  organized  for  serving  a  rural  community  and  not  an 
urban  center.  If  you  want  those  things  you  must  get  them  your- 
selves. In  this  situation  a  trial  is  often  made  to  secure  such 
needs  by  voluntary  co-operation.  This  method  may  be  partially 


6  ADVANTAGES  OF  INCORPORATION 

successful  for  a  time,  but  it  soon  develops  that  voluntary  contribu- 
tions for  the  public  good  are  unsatisfactory.  The  public  spirited 
and  generous  will  contribute  more  than  their  share,  while  others 
equally  able  will  give  little  or  nothing. 

Therefore,  it  is  to  secure  commuliity  necessities  at  an  equality 
of  cost  that  municipalities  are  organized  as  political  bodies. 
They  are  vested  by  law  with  the  power  to  do  the  things  that  the 
community  desired  to  have  done,  and  to  distribute  the  cost 
equitably  over  the  entire  community  by  the  power  of  taxation. 
No  other  form  of  government  can  serve  it  so  completely  or 
satisfactorily. 

The  things  which  a  municipality  may  do  are  many  and  their 
powers  are  sufficiently  extensive  to  include  not  only  the  things 
required  by  a  small  community,  but  all  those  that  may  from  time 
to  time  be  demanded  by  reason  of  its  growih.  A  community 
does  not  have  to  be  very  large  before  it  requires  improved  sani- 
tation. It  needs  sewers  and  health  regulations  which  only  a 
municipality  can  provide.  At  the  same  time  it  must  have  an 
ample  water  supply.  The  time  is  now  at  hand  when  private 
capital  cannot  be  relied  upon  to  properly  safeguard  the  public 
interest  in  this  respect.  A  municipal  water  supply  means  an 
abundance  of  pure  water  for  domestic  purposes,  also  for  sewer 
flushing,  street  sprinkling,  the  irrigation  of  lawns  and  gardens 
and  the  consequent  improvement  of  the  town  generally. 

There  is  a  great  satisfaction  in  having  a  town  look  attractive, 
with  neatly  kept  streets,  bordered  with  ornamental  trees,  flowers 
or  grass.  Besides,  it  is  a  great  factor  in  enhancing  the  value  of 
real  property,  for  the  reason  that  other  people  will  want  to  make 
their  home  in  such  a  town. 

Then  there  are  many  other  "community  needs"  such  as  a  fire 
department,  public  library,  police  protection,  perhaps  some  means 
of  recreation  like  a  park  or  playground,  and  possibly  a  public 
meeting  place  such  as  a  town  hall.  These  things  can  be  secured 
only  through  the  instrumentality  of  a  municipal  corporation. 
And  if  a  community  aspires  to  future  growth,  if  it  is  ambitious 
to  be  a  factor  in  promoting  civilization,  it  must  satisfy  these 
community  needs.  The  earlier  it  commences  to  do  so  the  more 
rapidly  it  will  grow. 

The  method  of  incorporating  a  town  is  provided  by  law.  It 
is  a  legal  procedure  and  should  be  conducted  by  a  lawyer,  as  the 
requirements  of  the  law  must  be  carefully  observed,  as  errors 
sometimes  produce  serious  consequences.  The  lawyer  selected 
to  conduct  the  proceedings  should  be  one  who  has  had  previous 
experience  or  be  in  a  position  to  consult  with  one  who  has  had  such 
experience.  The  law  requires  a  municipality  to  have  at  least 
five  hundred  inhabitants. 


A  BRIEF  HISTORY  OF  MUNICIPALITIES  AND  THE 

DEVELOPMENT   OF   MUNICIPAL   GOVERNMENT 

In  the  progress  of  man  four  chief  stages  of  development  may  be 
noted:  First,  the  hunter;  second,  the  nomad;  third,  the  settler, 
or  commencement  of  agricultural  life,  when  actual  civilization 
begins;  and  fourth,  the  town  or  city  dweller. 

The  nomadic  pastoral  life  of  ancient  nations  is  well  illustrated 
in  the  Book  of  Genesis  and  the  account  of  the  wanderings  of  Abra- 
ham and  the  other  Hebrew  patriarchs;  also  in  that  of  the  Bedouin 
Arabs  of  our  own  day  in  the  deserts  of  Arabia  and  Northern  Africa. 

The  building  of  cities  was  the  decisive  step  towards  civilization. 
The  greater  the  development  of  trade,  transportation,  and  com- 
merce, the  more  populous  they  became.  The  city  brought  with 
it  new  demands  in  the  art  of  government  by  creating  a  changed 
condition  of  society. 

FIRST  MUNICIPAL  INSTITUTIONS. 

It  is  agreed  that  the  seeds  of  civilization  were  planted  first  in 
the  fertile  valleys  of  the  great  rivers  of  the  East.  Here  the 
abundant  supply  of  water  and  the  richness  of  the  soil  afforded 
advantages  not  possessed  by  the  mountain  slopes  and  flat  plains. 
Thus  we  find  in  the  valleys  of  the  Nile,  Euphrates,  Tigris  and 
Indus,  the  first  municipal  institutions  established  by  the  human 
race.  Here  powerful  nations  developed,  flourished  and  passed 
away. 

THE  ANCIENT  CITIES. 

v  ities  have  existed  since  the  earliest  period  of  recorded  history. 
The  necessity  of  protecting  life  and  property  from  the  depredations 
of  wandering  tribes  was  the  main  cause  of  uniting  together  in  small 
communities,  which  constituted  villages  and  from  which  sprang 
cities.  Security  from  attack  was  the  chief  end  sought. 

A  walled  place  where  men  dwelled  was  usually  termed  by  the 
primitive  races  a  city.  The  word  "city"  has  also  been  defined  to 
mean  a  meeting  place  of  men,  flocks  and  herds,  of  caravans  and 
great  routes  of  travel.  In  historical  usage  it  includes  everything 
from  the  most  insignificant  village  to  Jerusalem. 

Semitic  cities  are  distinguished  from  towns,  villages  and  ham- 
lets; the  latter  had  no  walls,  but  the  cities  were  surrounded  by  a 
wall  and  frequently  by  a  moat.  The  city  gates  were  closed  from 
sunset  to  sunrise  and  were  provided  with  a  watchman  stationed 
near  the  gate  to  announce  approaching  danger. 

Within  the  city  and  near  the  gate  were  open  places  where  all 
kinds  of  business  was  transacted,  public  meetings  held,  and  judicial 
proceedings  conducted.  What  we  now  call  streets  were  mostly 
crooked  and  narrow  passages  from  one  quarter  to  another. 


8  A  BRIEF  HISTORY  OF  MUNICIPALITIES 

The  streets  were  invariably  unpaved.  Street  cleaning  was 
unknown.  Garbage  was  thrown  to  the  dogs  that  roamed  about 
the  city  at  large.  Certain  streets  and  places  which  were  devoted 
to  particular  lines  of  business,  were  named  after  the  nature  of  the 
business.  Hence  we  have  Baker  Street,  Fish  Gate,  etc. 

Rome  is  said  to  have  been  one  of  the  greatest  municipal  cor- 
porations the  world  has  ever  seen.  The  population  is  estimated 
to  have  been  about  a  million.  Police  regulations  governing  street 
traffic  were  strictly  enforced.  Streets  and  public  ways  were  con- 
structed of  hewn  stone,  and  road  paving  was  extensive. 

An  abundant  water  supply  was  a  marked  feature  of  ancient  Rome. 
Public  baths  were  provided,  also  parks  and  public  squares.  Mar- 
kets were  established.  A  fire  and  police  department  was  also  a 
feature  of  ancient  Rome,  but  there  is  no  record  of  any  provision 
ever  having  been  made  for  lighting  the  streets^the  people  being- 
obliged  to  carrv  lanterns.  Roman  municipalities  possessed  the 
right  of  local  self-government. 

CITIES  AND  TOWNS  OF  THE  MIDDLE  AGES. 

General  Condition  of  Towns. 

Towns  of  the  middle  ages  were  usually  small,  the  population  of 
none  of  them  exceeding  a  few  thousand.  In  the  early  part  of  the 
fifteenth  century  the  population  of  London  was  only  40,000. 

The  towns  in  the. middle  ages  generally  had  no  street  paving, 
no  street  lighting,  no  street  cleaning,  no  water  supply,  no  sewage, 
and  no  adequate  police  protection.  Dead  animals  were  suffered  to 
rot  in  the  streets  or  byways.  Under  the  feudal  system  much  of 
the  wealth  and  power  of  the  cities  and  towns  passed  to  the  rural 
districts,  the  towns  becoming  subject  to  the  dominion  of  the 
feudal  lord. 

French  Towns  of  the  Middle  Ages. 

The  privileges  granted  to  towns  of  mediaeval  France  by  their 
charters  were  extensive.  They  were  allowed  to  possess  common 
property  and  authorized  to  use  a  common  seal  as  a  symbol  of 
incorporation.  They  were  empowered  to  make  by-laws,  not  in 
contravention  to  the  ordinances  of  the  king. 

Municipal  Institutions  in  Spain. 

The  legal  incorporation  of  communities  was,  perhaps,  earlier 
in  the  Spanish  peninsula  than  in  any  other  country,  and  while  the 
inhabitants  of  the  great  towns  in  other  parts  of  Europe  were  lan- 
guishing in  feudal  servitude,  the  members  of  the  Castilian  corpora- 
tions were  living  under  the  protection  of  their  own  laws  and 
magistrates  and  enjoying  the  rights  and  privileges  of  free  men. 


A  BRIEF  HISTORY  OF  MUNICIPALITIES  9 

The  peculiar  glory  of  Spain  was  the  freedom  of  her  municipal 
institutions. 

DEVELOPMENT     OF    MUNICIPAL     GOVERNMENT     IN 
ENGLAND. 

Since  our  municipal  corporations  were  established  in  accordance 
with  the  principles  of  the  English  common  law,  in  order  to  obtain 
a  more  accurate  and  comprehensive  idea  of  such  institutions,  it 
will  be  found  beneficial  to  study  briefly  their  rise  and  progress  in 
the  mother  country. 

Measured  by  the  standard  of  duration,  absence  of  violent  com- 
motions, maintenance  of  law  and  order,  general  prosperity  and 
contentment  of  the  people,  and  by  the  extent  of  its  influence  on 
the  institutions  and  political  thought  of  other  lands,  the  English 
government  has  been  one  of  the  most  remarkable  the  world  has 
ever  known. 

For  the  purpose  of  local  government  the  country  was  divided 
into  districts  known  as  shires  (or  counties),  these  into  hundreds, 
and  the  hundreds  into  townships. 

The  township  was  at  first  a  small  farming  community  inhabited 
chiefly  by  peasants.  The  local  affairs  were  conducted  through  a 
body  usually  known  as  the  assembly.  The  head  officer  was  called 
the  Town  Reeve  while  the  other  officers  consisted  of  a  tighing  man 
and  constable,  subsequently  a  priest  when  the  parish  was  formed. 
These  officers,  with  four  men,  were  representatives  of  the  town- 
ship in  the  courts  of  the  hundred  and  the  shire. 

The  Hundred  Court  held  monthly  sessions  to  administer  the 
affairs  of  the  hundred  which  was  composed  of  several  townships. 

The  shires  in  turn  had  several  officers  to  represent  them  in 
public  affairs. 

The  parishes  had  their  affairs  directed  by  an  assembly  of  the 
inhabitants  known  as  the  vestry.  Certain  civil  functions  as  well 
as  ecclesiastical  were  performed  by  the  parishes,  among  them 
being  the  care  of  the  poor. 

The  boroughs,  as  separate  units  of  local  government  with  terri- 
torial areas  not  corresponding  exactly  with  other  geographical 
subdivisions,  have  existed  in  England  from  the  earliest  time.  They 
possessed  their  own  local  officers  and  community  life  with  charters 
varying  in  powers  touching  internal  affairs  and  local  organization. 

Although  all  boroughs  were  not  cities,  all  cities  were  boroughs 
and  had  their  municipal  rights  in  that  character  alone.  The 


10  A  BRIEF  HISTORY  OF  MUNICIPALITIES 

principal  and  distinctive  feature  of  a  borough  was  the  right  of  local 
self-government. 

Poor  Law  Unions  were  designated  to  more  effectually  relieve  the 
poor.  They  consisted  of  a  group  of  parishes  and  embraced  both 
urban  and  rural  communities. 

The  Parish  Meeting. 

The  parish  meeting,  which  is  an  institution  hundreds  of  years 
older  than  either  the  House  of  Lords  or  the  House  of  Commons,  has 
only  received  in  1894  its  full  recognition  at  the  hands  of  Parliament. 
Yet  the  parish  meeting  is  the  cradle  in  which  our  liberties  were 
nursed.  It  was  the  school  in  which  our  forefathers  learned  the 
lessons  of  self-respect,  self-help,  and  self-reliance  which  have  made 
the  English  nation  what  it  is.  In  the  church  and  in  the  vestry 
all  were  equal,  all  were  free,  the  women  too  taking  part. 

Municipal  Institutions  in  England  under  Roman  Dominion. 

For  nearly  four  hundred  years  Britain  was  a  province  of  Rome, 
during  which  time  the  population  was  grouped  in  cities  governed 
by  their  own  municipal  officers  guarded  by  massive  walls,  linked 
together  by  a  network  of  roads.  Town  and  country  alike  were 
crushed  by  heavy  taxation. 

At  first  the  town  was  merely  a  part  of  the  surrounding  country, 
organized  and  governed  in  exactly  the  same  manner  as  the  town- 
ship in  which  it  was  located.  As  time  passed  social  changes 
occurred,  and  the  right  of  the  people  to  participate  in  their  own 
affairs  increased  and  the  English  townsman  became  practically 
free. 

At  the  opening  of  the  period  of  foreign  kings  (1013)  the  boroughs 
of  England  were  for  the  most  part  mere  villages,  but  at  its  con- 
clusion they  were  rich  enough  to  buy  property  from  the  crown, 
bringing  back  the  right  of  free  speech  and  self-government .  London 
was  one  of  the  first  cities  to  obtain  these  rights,  which  were  granted 
by  a  charter. 

The  Granting  of  Charters. 

Many  towns  were  incorporated  and  enfranchised  by  the  greater 
barons  and  many  more  by  the  crown.  Under  James  the  becond 
and  Charles  the  Second  the  municipalities  and  boroughs  lost  much 
of  their  independence,  and  their  charters  were  forfeited  and  sur- 
rendered. Subsequently,  under  the  reign  of  William  and  Mary 
charters  thus  destroyed  were  restored  by  act  of  Parliament. 

Conditions  prior  to  the  Reform  Act. 

The  abuses  of  municipal  corporations  in  England  grew,  in  course 
of  time,  to  be  so  numerous  and  diversified  that  such  institutions 
became  intolerable  and  a  serious  detriment  to  honest  and  efficient 


A  BRIEF  HISTORY  OF  MUNICIPALITIES  11 

ocal  government.  The  municipal  government  was  in  the  hands 
of  the  privileged  classes  and  in  a  large  measure  subservient  to  the 
crown.  The  council  was  the  controlling  power,  and  in  some  cases 
it  was  a  self-perpetuated  body.  The  sphere  of  municipal  functions 
was  circumscribed. 

The  English  Municipal  Corporation  Reform  Act. 

In  view  of  the  deplorable  condition  into  which  English  municipal 
administration  had  fallen,  a  commission  was  appointed  by  the 
House  of  Commons  in  1833  to  examine  into  the  situation.  As  a 
result  of  the  report  of  this  commission,  the  various  chartered 
municipalities  were  brought  under  a  comprehensive  and  uniform 
scheme  of  government.  This  was  accomplished  by  the  Municipal 
Corporation  Act  of  1835.  Thirty-two  amending  acts  were  added 
between  1835  and  1882,  whereupon  in  the  latter  year  all  these  acts 
were  consolidated  into  the  Municipal  Corporation  Act  of  1882, 
which  is  the  foundation  of  all  municipal  government  in  England 
and  Wales  at  the  present  time. 

City  Officials  in  England,  Their  Powers  and  Duties. 

Under  the  reform  act  the  city  acts  through  the  council  which 
consists  of  the  mayor,  aldermen,  and  councilors.  The  council  is  in 
a  sense  the  soul  and  hand  of  the  corporation.  The  term  of  office  is 
three  years,  one-third  the  number  going  out  of  office  every  year  and 
their  places  filled  by  election.  The  aldermen  are  elected  by  the 
council,  the  number  of  aldermen  being  one-third  the  number  of 
councilors.  The  term  of  office  of  an  alderman  is  six  years,  one-half 
of  them  retiring  in  rotation  every  three  years.  The  mayor  is 
elected  by  the  council  for  a  term  of  one  year  and  he  receives  such 
remuneration  as  the  council  deems  reasonable.  Any  person  elected 
to  the  office  of  mayor  who  refuses  to  serve  is  liable  to  pay  a  fine  of 
one  hundred  pounds.  Any  person  elected  to  any  other  municipal 
office  and  refusing  to  serve  is  liable  to  a  fine  of  fifty  pounds.  The 
chief  administrative  officers  of  the  council  are  the  town  clerk  and 
treasurer.  They  are  appointed  by  the  council  and  hold  office 
during  its  pleasure.  The  council  may  also  appoint  from  time  to 
time  such  other  officers  as  they  deem  necessary.  The  matter  of 
compensation  is  left  to  the  council.  A  member  of  the  council  shall 
not  vote  or  take  part  in  the  discussion  of  any  matter  in  which  he 
has  directly  or  indirectly  any  pecuniary  interest.  Among  the 
powers  of  the  council  are  sewering,  street  paving,  laying  of  water 
mains,  demolition  of  houses,  and  the  right  to  purchase  land  for 
municipal  purposes.  The  Municipal  Corporation  Act  is  regarded 
as  a  beneficent  measure  of  the  first  magnitude. 

There  are  about  350  incorporated  cities  and  towns  in  England 
and  Wales,  and  with  one  exception  (the  City  of  London)  they  are 
all  regulated  by  the  Municipal  Corporation  Act  of  1882. 


12  A  BRIEF  HISTORY  OF  MUNICIPALITIES 

Power  of  Local  Authorities. 

The  manner  in  which  governmental  powers  are  conferred  upon 
local  authorities  in  England  differs  materially  from  that  of  the 
countries  of  continental  Europe.  In  England  it  is  a  fundamental 
principle  that  local  authorities  are  limited  to  the  specific  grants  in 
their  charters,  whereas  in  Prussia  and  France,  local  authorities 
may  do  anything  necessary  or  advisable  to  promote  the  interests 
of  the  community  which  are  not  prohibited  by  existing  law  of  the 
central  authority. 

LOCAL  GOVERNMENT  IN  AMERICA. 

The  fundamental  accepted  fact  of  the  American  system  of  govern- 
ment is  that  the  supreme  power,  or  what  is  termed  sovereignty, 
resides  in  the  people,  not  as  so  many  distinctive  individuals  but  in 
their  political  capacity  only,  for  which  reason  officials  are  regarded 
in  a  sense  as  agencies  for  the  people,  clothed  for  the  time  being 
with  definite  and  limited  public  functions. 

The  theory  of  legislative  omnipotence  does  not  exist  in  our 
system  as  it  does  in  Britain. 

The  Origin  of  Municipal  Institutions  in  the  United  States. 

The  germ  from  which  our  government  sprang,  as  is  well  known, 
originated  in  England.  The  framers  sought  to  preserve  the  tra- 
ditions, laws  and  liberties  of  the  Anglo-Saxon  race  to  which  most 
of  them  belonged.  The  development  of  American  local  institutions 
is  a  continuous  process  from  the  English  institutions  of  the  first 
part  of  the  Seventeenth  century.  Nevertheless,  from  the  begin- 
ning, American  institutions,  differed  from  the  English  prototype 
in  many  important  particulars. 

The  General  Types  of  Local  Government  in  the  United  States. 

In  this  country,  local  authorities,  rural  and  urban,  are  estab- 
lished by  state  law.  Each  jurisdiction  has  its  own  system  of  local 
government.  While  they  differ  widely  in  point  of  detail,  a  general 
policy  runs  through  all,  namely,  that  each  organized  corporation, 
full  or  quasi,  should  be  self-governing,  and  the  matters  which  alone 
concern  the  people  of  a  given  locality,  should  be  conducted  by  the 
authorities  of  that  particular  locality,  whether,  for  example,  it  be 
organized  as  a  town,  sanitary  district  or  county. 

The  state  makes  use  of  local  public  corporations  in  the  adminis- 
tration of  its  governmental  affairs,  particularly  in  the  adminis- 
tration of  matters  pertaining  to  the  public  peace,  health,  safety 
and  education,  wherefore,  in  one  sense  municipal  corporations  are 
parts  of  the  state  government  exercising  delegated  political  powers 
for  public  purposes. 


A  BRIEF  HISTORY  OF  MUNICIPALITIES  13 

The  American  Idea  of  Local  Self-Government. 

The  American  people  have  always  acted  upon  the  deep-seated 
conviction  that  local  matters  can  better  be  regulated  by  the  people 
of  the  locality  than  by  the  state  or  central  authority. 

The  human  race  is  gradually  learning  the  simple  lesson  that  the 
people  as  a  whole  are  wiser  for  the  public  good  and  the  public 
prosperity,  than  any  class  of  men,  however  refined  and  cultivated, 
have  ever  been,  or,  by  any  possibility,  can  ever  become. 

The  Municipality  not  a  Business  Institution. 

While  it  is  true  that  the  chief  functions  of  the  municipal  cor- 
porations are  administrative  rather  than  political,  as  the  latter 
term  is  ordinarily  employed,  yet  the  existence  of  the  local  govern- 
ment is  essentially  political  in  character  and  purpose. 

However,  it  is  true  that  the  municipal  corporation  in  some 
aspects  more  nearly  resembles  a  business  corporation.  The  laws 
of  political  economy  which  apply  to  the  government  of  a  munici- 
pality are  the  same  as  those  which  apply  to  the  government  of  a 
business  corporation.  It  is  claimed  by  some  that  there  is  a 
difference  between  them  owing  to  the  fact  that  the  principal  object 
of  the  latter  is  to  make  dividends  for  its  owners.  But  that  is  also 
one  of  the  principal  objects  of  a  municipal  corporation,  only  its 
dividends  are  represented  by  increased  service  and  lower  taxes. 

Obstacles  to  Better  Municipal  Government. 

The  greatest  obstacles  in.  the  way  of  better  municipal  govern- 
ment may  be  classified  as  follows:  (1)  Unsuitable  municipal 
organization,  (2)  indifference  or  neglect  on  the  part  of  the  citizens, 
(3)  lack  of  proper  education  in  the  science  of  municipal  govern- 
ment, (4)  bad  officers,  incompetent  or  unfaithful,  and  sometimes 
both,  (5)  failure  to  separate  state  and  national  politics  from  local 
issues  in  municipal  elections,  (6)  the  employment  of  public  powers 
for  private  advantage,  or  the  use  of  local  administration  to  promote 
special  interests,  and  (7)  legislative  interference  with  purely  local 
affairs. 

Education  Necessary. 

Tn  order  to  have  a  well  governed  city  the  inhabitants  themselves 
must  (1)  assume  the  responsibility  of  securing  accurate  and  full 
information  of  municipal  conditions,  and  (2)  by  intelligently  and 
properly  performing  the  simple  duties  of  citizenship. 

Apart  from  the  governmental  and  legal  phase  of  the  municipal 
corporation,  education  in  the  science  of  municipal  government  and 
administration  is  very  much  needed.  Without  accurate  infor- 
mation which  has  ripened  into  knowledge  and  which  has  been 
supplemented  by  wide  experience  in  the  practical  workings  of 


14  A  BRIEF  HISTORY  OF  MUNICIPALITIES 

municipal  government  and  administration,  the  citizen  is  poorly 
equipped  to  aid  necessary  or  desirable  reforms  in  his  community. 
Moreover,  the  citizen  must  be  made  to  realize  that  good  govern- 
ment cannot  be  secured  by  voting  into  office  one  who  is  simply 
"a  good  fellow"  or  "glad  hand"  artist.  They  must  get  the  man 
who  "knows  how."  Unfortunately  too,  it  appears  that  in  the  minds 
of  some  people  public  offices  are  maintained  principally  for  the 
purpose  of  rewarding  individuals  for  political  activity;  they  do  not 
seem  to  understand  that  there  are  important  public  services  to 
be  performed  requiring  technical  or  expert  knowledge  in  order  to 
perform  such  services  most  efficiently  and  economically. 

Proper  Performance  of  Civic  Duties. 

The  enemies  of  good  government  in  our  great  cities  are  chiefly 
three — ignorance;  indifference  and  greed.  For  ignorance  the 
remedy  is  education.  Indifference  is  a  worse  enemy  than  ignorance. 
One  of  the  chief  causes  of  corruption  has  been  the  indifference  of 
our  better  class  of  citizens. 

Municipal  reform  should  come  from  within  not  from  without. 
Good  government  can  only  be  secured  by  the  active  cooperation 
of  good  citizens,  who  should  take  the  same  interest  in  the  adminis- 
tration of  local  affairs  as  they  manifest  in  the  conduct  of  their 
private  business. 

Municipal  Corporation  Defined. 

A  municipal  corporation  is  a  body  politic  or  corporate  estab- 
lished by  law  to  regulate  and  administer  the  local  or  internal 
affairs  of  a  city.  Municipal  corporations  are  not  only  creatures 
of  the  state,  but  are  parts  of  the  machinery  by  which  the  state 
conducts  its  governmental  affairs. 

Creation  of  Municipal  Corporations. 

In  England  municipal  corporations  were  created  (1)  by  an  act 
of  Parliament,  (2)  by  charter  of  the  crown.  (3)  at  common  law, 
and  (4)  by  prescription.  In  this  country  the  power  is  lodged  in 
the  legislatures  of  the  respective  states.  During  our  early  history 
municipal  charters  were  confirmed  or  granted  by  special  act. 
Now,  however,  general  incorporation  laws  containing  charters  are 
usually  provided,  and  special  acts  are  forbidden  in  many  states. 
The  Constitutions  of  California,  Colorado,  Minnesota,  Missouri, 
Oklahoma,  Oregon,  Utah,  Ohio  and  other  states  authorize  cities 
of  a  certain  size  to  frame  and  adopt  their  own  charters,  providing, 
of  course,  they  must  be  in  harmony  with  and  subject  to  the  con- 
stitution of  the  state.  In  California  it  is  provided  that  such 
charters  must  be  framed  by  a  board  of  fifteen  freeholders  elected 
by  the  people.  If  the  charter  which  the  board  of  freeholders 


A  BRIEF  HISTORY  OF  MUNICIPALITIES  15 

prepares  and  submits  is  approved  by  a  majority  vote  of  the  people, 
it  must  then  be  ratified  by  the  legislature  of  the  state  before  it 
becomes  the  organic  law  of  the  city. 

The  opponents  of  municipal  reform  repeatedly  declare  that  the 
particular  plan  under  which  a  city  is  run  is  not  of  much  significance, 
claiming  that,  in  the  last  analysis,  good  government  ^is  more  a 
matter  of  good  men  than  a  matter  of  good-  system.  'Of  course 
there  is  a  lot  of  truth  in  that  claim,  nevertheless,  it  is  a  great  mis- 
take to  assume  that  the  system  or  plan  under  which  a  city  is 
governed  is  not  a  matter  of  much  importance. 

Carpenters  build  houses.  Even  though  his  tools  may  be  poor, 
a  good  carpenter  will  manage  to  construct  some  kind  of  a  house; 
but  he  will  not  be  able  to  build  a  good  house  unless  he  has  good 
tools.  And  so  it  may  be  said  by  way  of  analogy  that,  although 
good  government  is  possible  under  a  poor  charter,  it  is  certainly 
much  easier  to  obtain  good  government  under  a  good  charter. 

Municipal  government  in  California,  may  be  considered  as  being 
of  three  different  kinds.  That  under  which  nearly  all  the  small 
cities  are  governed  may  be  termed  the  "council"  plan,  the  others 
being,  respectively,  the  "commission"  plan  (so-called)  and  the 
"city  manager"  plan. 

The  Council  Plan. 

Under  the  "council"  plan  the  board  of  trustees,  or  city  council, 
serves  not  only  as  the  legislative  body  but  it  also  exercises  general 
supervision  over  the  work  of  administration  and,  at  each  meeting 
the  administrative  officers,  such  as  the  street  superintendent,  fire 
chief,  engineer,  health  officer  and  marshal,  report  on  what  they 
have  been  doing,  and  seek  instructions  for  their  future  activities. 

As  a  rule,  a  city  council  does  not  meet  oftener  than  twice  a 
month  and,  during  the  interval  between  meetings,  no  one  has 
general  control  or  supervision  of  the  city's  work,  each  adminis- 
trative officer  conducting  his  own  department  in  his  own  way. 
There  is  no  co-ordination  of  the  various  departments,  for  the  simple 
reason  that  no  one  has  any  authority  to  do  such  a  thing.  Con- 
sequently each  administrative  officer  looks  after  his  own  depart- 
ment exclusively,  without  any  concern  or  interest  in  the  others. 
Should  any  question  arise  during  the  interval  between  board 
meetings  no  one  in  charge  has  authority  to  settle  it,  wherefore 
it  must  remain  unsettled  until  the  next  meeting  of  the  council. 

The  "council"  plan  of  city  government  may  be  likened  to  an 
industrial  plant  which  is  run  by  the  foreman  of  the  various  depart- 
ments and  has  no  superintendent  or  general  manager,  each  of  the 
various  departments  working  independently'  and  without  any 
co-operation  or  co-ordination  whatever. 

It  will  be  conceded  that  any  industrial  plant  conducted  on  such 


16  A  BRIEF  HISTORY  OF  MUNICIPALITIES 

a  plan  would  "run  on  the  rocks"  in  a  very  short  time.  It  is 
unreasonable,  illogical  and  unscientific,  yet  this  is  the  plan  upon 
which  all  our  fifth  and  sixth  class  cities  are  now  governed. 

The  Commission  Plan 

Another  plan  of  municipal  government  of  which  we  have  a  few 
examples 'here  in  California  is  that  known  as  the  "commission" 
plan,  which  owes  its  origin  to  the  Galveston  flood. 

Everything  in  Galveston,  including  the  city  government,  was 
so  disrupted  by  the  disaster  which  befell  the  city  that  the  Governor 
of  Texas,  by  virtue  of  the  authority  vested  in  him  for  such  emer- 
gencies, appointed  three  commissioners  with  extraordinary  powers 
to  manage  the  affairs  of  the  city.  For  some  time  previous  the 
people  of  Galveston  had  attempted  to  put  through  certain  much 
needed  improvements,  but  the  political  ring  which  existed  there 
always  thwarted  their  plans. 

However,  the  three  commissioners  appointed  by  the  Governor 
had  no  difficulty  in  putting  them  through,  together  with  many 
other  needed  improvements.  In  fact,  so  great  were  the  achieve- 
ments of  these  three  men,  that  upon  the  restoration  of  order,  the 
people  of  Galveston  at  once  adopted  a  new  charter  having  for  its 
basic  principle  government  by  a  commission,  the  only  change 
being  an  enlargement  of  the  commission  to  five  members. 

The  distinguishing  feature  of  the  "commission"  plan  is  the  fact 
that  it  involves  a  consolidation  of  the  legislative  and  adminis- 
trative departments.  Five  councilmen  are  usually  provided,  each 
of  whom  serves  as  the  head  of  a  department  of  administration,  in 
addition  to  serving  as  a  member  of  the  city  council,  thus  per- 
forming two  separate  and  distinct  functions. 

Many  persons  believe  that  the  success  of  the  commission  plan 
in  Galveston  was  due  to  the  extraordinary  conditions  under  which 
it  was  launched,  rather  than  any  particular  merit  which  it  pos- 
sesses as  a  system.  History  is  replete  with  instances  showing 
that  in  times  of  great  public  calamity  the  average  man  is  moved 
by  his  higher  and  nobler  impulses,  and  will  scorn  to  betray  a  t  rust 
which,  under  ordinary  conditions,  might  be  viewed  in  a  different 
light. 

Be  that  as  it  may,  the  commission  plan  of  government  has  not 
proved  the  success  which  its  early  supporters  hoped  for,  and  several 
cities  which  adopted  it  are  now  anxious  to  do  away  with  it. 

Appropriating  money  for  specific  use  is  a  legislative  function. 
One  commissioner  has  been  allowed  an  appropriation  for  an  auto 
truck  and  proposes  to  buy  it  from  a  certain  dealer  who  has  helped 
him  at  election  time.  Other  commissioners  know  that  this  par- 
ticular  truck  is  a  poorly  built  vehicle  and  unfit  for  the  purpose 
for  which  it  is  intended,  but,  aware  that  a  like  occasion  may  arise 


,  A  BRIEF  HISTORY  OF  MUNICIPALITIES  17 

in  their  own  departments,  they  are  not  likely  to  interfere  with 
the  purchase  and  the  city  suffers. 

Like  the  council  plan,  there  is  no  co-ordination  or  co-operation 
under  the  commission  plan  of  government.  There  is  no  combin- 
ation of  authority  and  responsibility,  thus  affording  ample  oppor- 
tunity for  officials  to  indulge  in  that  well-known  pastime  commonly 
known  as  "passing  the  buck." 

The  policies  of  the  city  should  be  determined  by  the  people's 
representatives  elected  as  members  of  the  city  council,  but  .the 
execution  of  those  policies  should  be  handled  by  men  who  are 
qualified  by  training  and  experience. 

A  man  elected  to  the  city  council  for  his  personal  popularity 
will  probably  make  a  good  councilman,  but  that  same  man  will 
be  likely  to  prove  a  dismal  failure  when  placed  in  charge  of  some 
important  function  of  administration  such  as  the  head  of  the  health 
department  or  the  street  department. 

The  greatest  objection  to  the  mixing  of  legislative  and  adminis- 
trative functions  in  one  and  the  same  set  of  officials  is  the  fact  that, 
as  administrative  officers  they  have  appointments  to  make  and 
employes  to  hire,  and  this  is  the  rock  upon  which  the  commission 
plan  of  government  usually  splits. 

The  legislative  department  should  be  kept  entirely  free  from 
matters  of  patronage,  in  order  to  retain  peace  and  harmony. 

The  commission  plan  of  government  may  be  likened  to  an  indus- 
trial corporation,  where  each  of  the  directors  serves  as  foreman 
of  one  of  the  departments. 

Is  a  director  of  a  corporation  usually  qualified  by  training  or 
experience  to  serve  as  a  foreman  in  the  plant  as  well  as  a  director? 
No,  and  yet  that  is  exactly  how  a  city  is  run  under  the  commission 
plan  of  government. 

The  Commission  plan  is  admittedly  an  improvement  over  the 
old  system;  it  has  demonstrated  that  a  charter  is  a  vital  force  for 
better  government  even  in  the  hands  of  the  same  old  personnel. 
Like  all  human  productions  every  charter  has  its  weak  spots, 
but  the  old  fallacy  that  government  is  entirely  dependent  upon 
good  men  in  office  has  gone  into  the  discard,  and  we  know  now  that 
we  want  not  only  the  best  men  we  can  find  in  our  public  offices, 
but  we  want  the  best  tools  we  can  invent  for  them  to  work  with. 

City-Manager  Plan. 

The  other  plan  of  municipal  government  which  is  receiving  the 
most  favorable  attention  at  the  present  time  throughout  the 
country,  is  known  as  the  "city-manager"  plan.  The  leading 
authorities  regard  it  as  the  most  promising  plan  which  has  yet 


18  A  BRIEF  HISTORY  OF  MUNICIPALITIES 

been  devised  for  the  government  of  cities,  and  the  experience  of 
those  which  have  tried  it  support  that  conclusion. 

The  city-manager  plan  is  not  revolutionary,  nor  does  it  involve 
any  new  principles,  simply  an  application  to  the  government  of 
municipal  corporations  of  the  same  principles  which  have  proved 
so  successful  in  the  government  of  industrial  corporations.  It  has 
been  said  that  the  city-manager  plan  is  not  democratic.  If  that 
is  so,  then  our  federal  government  is  not  democratic.  The  feature 
which  distinguishes  the  city-manager  plan  of  government  from  the 
so-called  council  plan  is  the  fact  that  it  places  one  man  in  charge 
of  all  the  departments  of  administration  just  as  is  done  in  the 
national  government,  the  only  difference  being  that  in  the  govern- 
ment of  the  nation  the  manager  (the  President)  is  elected  by  the 
people  instead  of  being  appointed. 

It  has  been  pointed  out  that  under  the  council  plan  of  municipal 
government  the  various  administrative  officers  have  no  one  in 
charge,  and  that  during  the  interval  between  council  meetings 
each  officer  does  about  as  he  pleases,  wherefore  it  is  impossible  to 
co-ordinate  the  work  of  the  various  departments,  because  no  one 
has  the  authority. 

This  was  the  situation  that  existed  in  the  building  of  the  Panama 
Canal  until  General  Goethals  was  given  complete  charge.  So  long 
as  the  work  was  in  control  of  an  executive  committee  but  little 
headway  was  made,  but  just  as  soon  as  the  work  was  placed  in 
charge  of  one  man,  the  canal  was  speedily  constructed. 

We  underwent  a  similar  experience  in  the  recent  world  war.  So 
long  as  each  of  the  allies'  armies  operated  independently  and 
separately  they  made  but  little  progress,  but  just  as  soon  as  one 
man  was  placed  in  charge  big  results  were  achieved  and  the 
enemy  was  speedily  defeated. 

As  has  been  said,  the  city-manager  plan  of  government  is  sub- 
stantially the  same  plan  which  has  been  so  successful  in  the  man- 
agement of  industrial  corporations.  The  people  may  be  likened 
to  the  stockholders,  and  the  city  council  to  the  board  of  directors, 
while  the  manager  occupies  the  position  of  superintendent  or 
manager  of  the  works.  This  comparison  is  perfectly  proper  for 
the  reason  that  the  administration  of  municipal  government  is 
more  a  matter  of  business  than  anything  else;  consequently,  in 
order  to  run  successfully  it  should  be  run  on  business  principles. 
The  construction  and  repair  of  streets,  the  purchase  and  care  of 
fire  apparatus,  and  practically  nine-tenths  of  the  "various  functions 
performed  by  a  city  government  are  purely  matters  of  business. 

There  are  those  who  profess  to  distinguish  between  the  manage- 
ment of  a  private  corporation  and  the  management  of  an  industrial 


A  BRIEF  HISTORY  OF  MUNICIPALITIES  19 

corporation,  on  the  theory  that  whereas  the  former  is  engaged  in 
business  for  profit,  the  latter  is  organized  solely  for  service. 

But  this  distinction  is  not  proper  for  the  reason  that  in  the  admin- 
istration of  its  affairs  a  city  should  be  governed  by  the  same  prin- 
ciples of  economy  as  a  private  corporation.  In  one  case  the 
profits  are  represented  by  dividends  while  in  the  other  they  are 
represented  by  lower  taxes  and  better  service. 

To  secure  first-hand  information  on  the  practicability  of  the 
City  Manager  form  of  government,  The  Sacramento  Chamber  of 
Commerce  recently  made  inquiry  of  Chambers  of  Commerce, 
newspaper  editors  and  individual  citizens  in  a  number  of  cities 
where  the  plan  is  in  operation.  Such  letters  were  not  addressed 
to  City  Managers  or  other  city  officials,  for  an  absolutely 
unprejudiced  opinion  was  sought. 

It  is  a  very  significant  fact  that  in  the  letters  of  response  there 
was  a  sweeping  expression  in  favor  of  the  City  Manager  plan. 
In  not  a  single  instance  was  it  declared  that  the  plan  is  a  failure. 


EXTRACTS  FROM   THE   CONSTITUTION    OF  THE 

STATE  OF  CALIFORNIA  OF  CONCERN 

TO    MUNICIPALITIES. 

ARTICLE  I. 
INALIENABLE  RIGHTS. 

SECTION  1.  All  men  are  by  nature  free  and  independent,  and 
have  certain  inalienable  rights,  among  which  are  those  of  enjoy- 
ing and  defending  life  and  liberty;  acquiring,  possessing,  and 
protecting  property;  and  pursuing  and  obtaining  safety  and 
happiness. 

A  provision  in  the  specifications  for  public  street  work  that  no  unnatural- 
ized  alien  should  be  employed  in  the  work,  except  with  the  permission  of 
the  highway  commission,  is  invalid.  (City  Street  Imp.  Co.  v.  Kroh,  158 
Cal.  308,  110  Pac.  933.) 

But  this  provision  does  not  prevent  the  legislature  from  prohibiting  the 
conducting  of  offensive  trades  within  the  limits  of  a  city.  (Ex  parte  Shrader, 
33  Cal.  279). 

So  an  ordinance  making  it  unlawful  for  any  person  to  conduct  a  laundry 
within  certain  limits  without  a  certificate  from  the  health  officer  as  to  its 
sanitary  condition,  and  a  certificate  from  the  fire  wardens  as  to  the  condi- 
tion of  the  heating  appliances,  and  forbidding  the  operation  of  any  laundry 
between  10  P.  M.  and  6  A.  M.  or  on  Sundays,  is  valid.  (Ex  parte  Maynier, 
65  Cal.  33.  2  Pac.  72S,. 

An  ordinance  making  it  unlawful  to  play  any  instrument,  etc.,  in  any 
saloon,  etc.,  after  midnight,  and  for  any  female  to  be  in  any  saloon,  etc., 
after  midnight,  does  not  violate  this  provision.  (Ex  parte  Smith  &  Keating, 
38  Cal.  702.) 

When  a  lawful  business  is  of  a  beneficial  character,  and  not  dangerous 
to  the  public,  it  cannot  be  subjected  to  police  regulation.  (Ex  parte  Dickey, 
144  Cal.  234,  103  Am.  St.  Rep.  82,  77  Pac.  924,  66  L.  R.  A.  928,  1  Ann.  Gas. 
428.) 

Sunday  laws— In  Ex  parte  Newman,  9  Cal.  502,  it  was  held  that  an  act 
making  it  unlawful  to  transact  any  business  upon  the  Sabbath,  except 
certain  designated  ones,  was  in  violation  of  this  provision,  on  the  ground 
that  the  legislature  can  no  more  forbid  the  lawful  pursuit  of  a  lawful  occupa- 
tion on  one  day  of  the  week  than  it  can  forbid  it  altogether.  This  decision 
was  overruled  in  Ex  parte  Andrews,  18  Cal.  678,  and  Ex  parte  Bird,  19  Cal. 
130.) 

An  act  making  it  a  misdemeanoi  to  keep  open  a  barber  shop  on  Sundays 
or  ether  holidays  is  in  violation  of  this  section.  (Ex  parte  Jentzsch,  112 
Cal.  468.  44  Pac.  803,  32  L.  R.  A.  564.) 

RELIGIOUS  FREEDOM. 

SEC.  4.  The  free  exercise  and  enjoyment  of  religious  profession 
and  worship,  without  discrimination  or  preference,  shall  be  for- 
ever guaranteed  in  this  state;  and  no  person  shall  be  rendered 
incompetent  to  be  a  witness  or  juror  on  account  of  his  opinions 
on  matters  of  religious  belief;  but  the  liberty  of  conscience  hereby 
secured  shall  not  be  so  construed  as  to  excuse  acts  of  licentious- 
ness, or  justify  practices  inconsistent  with  the  peace  or  safety 
of  this  state. 

Sunday  Laws.— In  Ex  parte  Newntan,  9  Cal.  502,  it  was  held  that  an 
act  making  it  unlawful  to  transact  any  business  upon  the  Sabbath,  except 
certain  designated  ones,  was  in  violation  of  this  provision. 


EXTRACTS  FROM  THE  CONSTITUTION  21 

TRIAL  BY  JURY. 

SEC.  7.  The  right  of  trial  by  jury  shall  be  secured  to  all,  and 
remain  inviolate;  but  in  civil  actions  three-fourths  of  the  jury 
may  render  a  verdict.  A  trial  by  jury  may  be  waived  in  all 
criminal  cases,  not  amounting  to  felony,  by  the  consent  of  both 
parties,  expressed  in  open  court,  and  in  civil  actions  by  the  con- 
sent of  the  parties,  signified  in  such  manner  as  may  be  prescribed 
by  law.  In  civil  actions,  and  cases  of  misdemeanor,  the  jury 
may  consist  of  twelve,  or  of  any  number  less  than  twelve  upon 
which  the  parties  may  agree  in  open  court. 

Petty  Offenses. — This  provision  does  not  prohibit  the  legislature  from 
providing  for  summary  proceedings  without  a  jury  in  cases  of  such  petty 
offenses  as  were  enumerated  in  the  English  statutes  at  the  time  of  the 
separation  of  the  American  colonies  from  England,  or  in  cases  where  the 
offenses  are  intrinsically  of  the  same  nature  and  degree.  (Ex  parte  Wong 
You  Ting,  105  Gal.  296,  39  Pac.  627;  In  re  Fife,  110  Cal.  8,  42  Pac.  299.) 

But  where  the  offense  falls  within  the  legal  or  common  law  notion  of 
crime  or  misdemeanor,  and  is  embraced  in  the  criminal  code  of  the  state, 
the  constitutional  right  of  trial  by  juiy  cannot  be  evaded.  (Taylor  v. 
Reynolds,  92  Cal.  573,  28  Pac.  688;  Ex  parte  Wong  You  Ting,  106  Cal.  296, 
39  Pac.  627.) 

Bail  must  not  be  exacted  for  the  purpose  of  punishing  the  defendant. 

The  discretion  of  the  trial  court  in  fixing  bail  will  not  be  interfered  with, 
unless  it  clearly  appears  that  the  court  has  abused  its  discretion,  and  that 
the  bail  demanded  is  per  se  unreasonably  great  and  clearly  disproportionate 
to  the  offense  involved.  (Ex  parte  Ruef,  7  Cal.  App.  750,  96  Pac.  24.) 

UNIFORMITY  OF  LAWS. 

SEC.  11.  All  laws  of  a  general  nature  shall  have  a  uniform 
operation. 

This  provision  has  no  application  to  municipal  ordinances.  (In  re 
Zhizhuzza,  147  Cal.  328,  81  Pac.  955.) 

An  order  excluding  from  the  courtroom  all  persons  except  the  officers 
of  the  court  and  the  defendant  is  in  violation  of  this  provision  and  is  pre- 
sumed to  be  prejudicial.  (People  v.  Hartman,  103  Cal.  242,  42  Am.  St. 
Rep.  108,  37  Pac.  153.  But  see  People  v.  Swafford,  65  Cal.  223,  3  Pac.  809.) 

Jeopardy. — When  a  person  is  placed  on  trial  upon  a  valid  indictment, 
before  a  competent  court  and  jury,  he  is  in  jeopardy.  (People  v.  Cage, 
48  Cal.  323,  17  Am.  Rep.  436;  Ex  parte  Hartman,  44  Cal.  32;  People  v.  Webb, 
38  Cal.  467;  Ex  parte  Fenton,  77  Cal.  183,  19  Pac.  267;  People  v.  Smalling, 
94  Cal.  112,  29  Pac.  421.) 

After  he  has  been  put  in  jeopardy,  he  cannot  be  again  tried  for  the  same 
offense  unless  the  jury  is  discharged  from  rendering  a  verdict  by  a  legal 
necessity,  or  by  his  consent;  or,  in  case  a  veidict  is  rendered,  it  be  set  aside 
at  his  instance.  (People  v.  Webb,  38  Cal.  467;  People  v.  Smalling,  94  Cal. 
112,  29  Pac.  421.) 

Where  the  court  is  prohibited  from  pronouncing  judgment  upon  the 
defendant  because  the  indictment  is  invalid,  jeopardy  does  not  attach. 
(People  v.  Terrill,  133  Cal.  120,  65  Pac.  303.) 

A  dismissal  of  a  charge  on  motion  of  the  district  attorney  is  not  a  bar  to 
another  prosecution.  (People  v.  Kerrick,  144  Cal.  46,  77  Pac.  711.) 

When  a  defendant  is  acquitted  because  of  a  variance  between  the  proof 
and  the  indictment,  and  the  variance  is  such  that  a  conviction  is  legally 
impossible,  he  has  not  been  in  jeopardy.  (People  v  McNeally,  17  Cal. 
332;  People  v.  Oreileus,  79  Cal.  178,  21  Pac.  724.) 

A  discharge  upon  preliminary  examination  does  not  place  the  defendant 
in  jeopardy.  (Ex  parte  Fenton,  77  Cal.  183,  19  Pac.  267.) 


22  EXTRACTS  PROM  THE  CONSTITUTION 

Police  Power. — In  the  exercise  of  the  police  power  certain  kinds  of  prop- 
erty, when  held  or  used  so  as  to  be  injurious  to  the  general  public,  may 
be  seized  and  destroyed.  (Collins  v.  Lean,  68  Cal.  284,  9  Pac.  173.) 

Where  the  exercise  of  police  power  is  permissible,  the  provision  of  the 
constitution  declaring  that  private  property  shall  not  be  taken  without 
due  process  of  law  is  inapplicable.  (Ex  parte  Elam,  6  Cal.  App.  233,  91 
Pac.  811.) 

The  legislature  has  power  to  provide  that  a  deed  in  a  street  assessment 
matter  shall  be  conclusive  evidence  of  the  regularity  of  all  required  steps 
other  than  those  necessary  to  constitute  due  process  of  law  or  to  comply 
with  the  constitution.  (Chase  v.  Trout,  146  Cal.  350,  79  Pac.  81.) 

An  act  making  the  issuance  of  bonds  conclusive  evidence  of  the  validity 
of  the  lien  is  void;  but  an  act  making  the  issuance  conclusive  evidence  of 
the  regularity  of  the  proceedings  not  essential  to  the  jurisdiction  of  the 
officers  to  create  the  lien  is  valid.  (Ramish  v.  Hartwell,  126  Cal.  443,  58 
Pac.  920.) 

The  fact  that  the  street  bond  act-does  not  in  terms  give  a  lienholder  an 
opportunity  to  object  does  not  render  it  unconstitutional.  (German  Suv.., 
etc.,  Soc.  v.  Ramish,  138  Cal.  120,  69  Pac.  89,  70  Pad.  1067.) 

Notice  by  posting  constitutes  due  process  of  law.  (Davies  v.  Los  Angeles, 
86  Cal.  37,  24  Pac.  771.) 

An  assessment  without  giving  an  opportunity  to  the  taxpayer  to  show  that 
the  assessment  is  not  proportionate  to  the  benefits  is  unconstitutional. 
(Lower  Kings  River  Rec.  Dist.  No.  531  v.  Philips,  108  Cal.  306,  39  Pac.  630, 
41  Pac.  335.) 

Curative  Acts. — The  legislature  has  power  to  pass  curative  acts  by  which 
the  various  acts  and  proceedings  of  the  officers  and  boards  charged  with 
the  levying  and  assessing  of  taxes  are  rendered  valid,  notwithstanding  that 
errors  and  irregularities  have  intervened.  But  where  the  officer  or  tribunal 
has  no  jurisdiction,  the  act  is  void,  and  cannot  be  cured.  (People  v. 
Goldtree,  44  Cal.  323.) 

It  is  sufficient  if  the  parties  interested  are  given  an  opportunity  to  be 
heard  before  the  lien  becomes  final  upon  their  property,  and  they  are  not 
entitled  to  be  heard  upon  the  question  whether  or  not  the  improvement 
should  be  made.  (Lent  v.  Tillson,  72  Cal.  404,  14  Pac.  71 ;  Board  of  Directors 
v.  Tregea,  88  Cal.  334,  26  Pac.  237.) 

EMINENT  DOMAIN. 

(Statutes  of  1917,  page  1973.) 

SEC.  14.  Condemnation  of  right  of  way  for  public  use.  Excepts 
counties  from  provisions  requiring  compensation  be  first  made  or 
paid  into  court  for  owner  before  right  of  way  is  appropriated;  adds 
proviso  authorizing  state,  political  subdivision  thereof  or  district, 
upon  commencement  of  condemnation  proceedings  for  right  of  way, 
to  take  immediate  possession  thereof  upon  making  money  deposits 
in  such  amounts  as  court  may  determine  adequate  to  secure  to 
owner  immediate  payment  as  compensation  therefor,  permitting 
court  on  motion  and  upon  notice  to  alter  amount  of  such  security. 
(Election  Novembers,  1918:  Adopted— Yes,  212,011;  No,  179,976.) 

A  municipal  corporation  cannot  take  private  property  for  public  use 
without  making  compensation  in  advance  or  providing  a  fund  out  of  which 
compensation  shall  be  made  as  soon  as  the  amount  to  be  paid  can  be 
determined.  (Colton  v.  Rossi,  9  Cal.  595.) 


EXTRACTS  FROM  THE  CONSTITUTION  23 

The  right  of  the  owner  of  land  abutting  on  a  city  street  to  access  over  it 
to  and  from  his  premises  is  a  right  of  property  of  which  he  cannot  be  deprived 
without  compensation.  (Coats  v.  Atchison,  etc.,  Ry.  Co.,  1  Cal.  App.  441, 
82  Pac.  640.) 

A  franchise  for  a  street  railroad  is  property  capable  of  being  benefited 
by  the  widening  of  the  street.  (Appeal  of  North  Beach,  etc.,  R.  R.  Co., 

32  Cal.  499.) 

An  owner  of  land  abutting  upon  a  street  is  entitled  to  compensation 
for  any  injury  to  his  property,  which  he  sustains  over  and  above  that  sus- 
tained in  common  with  other  abutting  owners,  resulting  from  a  change 
in  the  grade  of  the  street.  (Eachus  v.  Los  Angeles  Ry.  Co.,  103  Cal.  614, 
42  Am.  St.  Rep.  149,  37  Pac.  750;  Jennings  v.  Le  Roy,  63  Cal.  397.) 

But  a  city  is  not  responsible  for  the  unauthorized  act  of  its  officers  in 
raising  the  grade  of  a  street  and  thus  damaging  adjoining  property. 
(Sievers  v.  San  Francisco,  115  Cal.  648,  56  Am.  St.  Rep.  153,  47  Pac.  687.) 

A  municipal  corporation  is  liable  for  damages  caused  by  the  construc- 
tion of  sewers,  etc.,  in  such  a  manner  that  the  surface  water  of  a  large 
territory,  which  did  not  naturally  flow  in  that  direction,  is  gathered  into 
a  body  and  precipitated  upon  private  property.  (Stanford  v.  San  Fran- 
cisco, 111  Cal.  198,  43  Pac.  605.) 

But  a  municipal  corporation  is  not  liable  for  damages  caused  by  the 
prevention  of  the  flow  of  surface  water  from  the  lot  of  a  private  owner,  by 
reason  of  the  raising  of  a  street  to  the  grade  established  by  law,  where  such 
surface  water  does  not  run  in  a  natural  channel  across  the  lot.  (Corcoran 
v.  Benicia,  96  Cal.  1,  31  Am.  St.  Rep.  171,  30  Pac.  798;  Lampe  v.  San 
Francisco,  124  Cal.  546,  57  Pac.  461.) 

Police  Power. — The  police  power  will  not  authorize  the  state  to  take 
private  property  for  public  use  without  compensation,  when  such  property 
can  be  condemned  and  paid  for.  (People  v.  Elk,  etc.  Co.,  107  Cal.  221, 
48  Am.  St.  Rep.  125,  40  Pac.  531.) 

This  provision  does  not  prevent  the  legislature  from  prohibiting  the 
conducting  of  offensive  trades  within  the  limits  of  a  city.  (Ex  pai  te  Shrader, 

33  Cal.  279.) 

The  restriction  of  a  municipal  ordinance  which  undertakes  to  absolutely 
forbid  the  erection  and  maintenance  of  billboards  for  adveitising  purposes 
is,  if  not  a  taking  pro  tanto  of  the  property,  a  damaging  thereof,  for  which 
the  owner  is  entitled  to  compensation.  (Varney  &  Green  v.  Williams,  155 
Cal.  318,  132  Am.  St.  Rep.  88,  100  Pac.  867,  21  L.  R.  A.,  N.  S.  741.) 

PRIVILEGES  AND   IMMUNITIES   OF   CITIZENS. 

SEC.  21.  No  special  privileges  or  immunities  shall  ever  be 
granted  which  may  not  be  altered,  revoked,  or  repealed  by  the 
legislature;  nor  shall  any  citizen,  or  class  of  citizens,  be  granted 
privileges  or  immunities  which,  upon  the  same  terms,  shall  not 
be  granted  to  all  citizens. 

An  ordinance  prohibiting  public  laundries  in  designated  parts  of  a  city 
is  not  in  violation  oi  this  section.  (In  re  Hang  Kie,  69  Cal.  149,  10  Pac.  327.) 

An  act  making  it  a  misdemeanor  to  keep  open  a  barbershop  on  Sundays 
or  other  holidays  is  in  violation  of  this  section.  (Ex  parte  Jentzsch,  112 
Cal.  468,  44  Pac.  803,  32  L.  R.  A.  664.) 

ARTICLE  III. 

DISTRIBUTION   OF  POWERS. 

SEC.  1.  The  powers  of  the  government  of  the  state  of  Califor- 
nia shall  be  divided  into  three  separate  departments — the  legis- 
lative, executive,  and  judicial;  and  no  person  charged  with  the 


24  EXTRACTS  FROM  THE  CONSTITUTION 

exercise  of  powers  properly  belonging  to  one  of  these  departments 
shall  exercise  any  functions  appertaining  to  either  of  the  others, 
except  as  in  this  constitution  expressly  directed  or  permitted. 

The  legislature  may  declare  the  mayor  of  a  city  to  be  ex-officio  a  justice 
of  the  peace.  (Uridas  v.  Morrill,  22  Cal.  473.) 

A  law  conferring  power  upon  city  trustees  to  remove  a  municipal  officer  is 
valid.  (Croly  v.  Sacramento,  119  Cal.  229,  51  Pac.  323.) 

ARTICLE  IV. 

SENATE   AND   ASSEMBLY,   AND   ENACTING   CLAUSE— IN- 
ITIATIVE AND   REFERENDUM. 

SECTION  1.  The  legislative  power  of  this  state  shall  be  vested 
in  a  senate  and  assembly  which  shall  be  designated  "The  legisla- 
ture of  the  State  of  California,"  but  the  people  reserve  to  them- 
selves the  power  to  propose  laws  and  amendments  to  the  consti- 
tution, and  to  adopt  or  reject  the  same,  at  the  polls  independent 
of  the  legislature,  and  also  reserve  the  power,  at  their  own  option, 
to  so  adopt  or  reject  any  act,  or  section  or  part  of  any  act,  passed 
by  the  legislature.  The  enacting  clause  of  every  law  shall  be 
"The  people  of  the  State  of  California  do  enact  as  follows:"  . 

The  initiative  and  referendum  powers  of  the  people  are  hereby 
further  reserved  to  the  electors  of  each  county,  city  and  county, 
city  and  town  of  the  state,  to  be  exercised  under  such  procedure 
as  may  be  provided  by  law. 

A  common  council  has  no  power  to  delegate  its  functions  and  in  the 
absence  of  special  authority  has  no  power  to  submit  a  question  to  the 
electors  for  the  purpose  of  ascertaining  their  desires.  (Galindo  v.  Walter, 
8  Cal.  App.  234,  96  Pac.  505.) 

Municipal  boards  can  delegate  only  duties  ministerial  in  cliaracter,  and 
not  calling  for  the  exercise  of  discretion.    CHolley  v.  Orange  Co.,  106  Cal 
.      420,  39  Pac.  790.) 

Powers  conferred  upon  a  municipal  corporation,  involving  the  exercise 
of  judgment  and  discretion  are  in  the  nature  of  public  trusts,  and  cannot 
be  delegated.  (Scollay  y.  Butte  Co.,  67  Cal.  249,  7  Pac.  661.) 

An  act  making  it  a  misdemeanor  to  keep  open  a  baibershop  on  Sundays 
or  other  legal  holidays  is  unreasonable.  (Ex  parte  Jentzsch,  112  Cal.  468, 
44  Pac.  803,  32  L.  R.  A.  664.) 

SEC.  31.  The  legislature  shall  have  no  power  to  give  or  to 
lend,  or  to  authorize  the  giving  or  lending,  of  the  credit  of  the 
state,  or  of  any  county,  city  and  county,  city,  township,  or  other 
political  corporation  or  subdivision  of  the  state  now  existing,  or 
that  may  be  hereafter  established,  in  aid  of  or  to  any  person, 
association,  or  corporation,  whether  municipal  or  otherwise,  or 
to  pledge  the  credit  thereof,  in  any  manner  whatever,  for  the 
payment  of  the  liabilities  of  any  individual,  association,  munici- 
pal or  other  corporation  whatever;  nor  shall  it  have  power  to 
make  any  gift,  or  authorize  the  making  of  any  gift  of  any  public 
money  or  thing  of  value  to  any  individual,  municipal  or  other 
corporation  whatever;  provided,  that  nothing  in  this  section 


EXTRACTS  FROM  THE  CONSTITUTION  25 

shall  prevent  the  legislature  granting  aid  pursuant  to  section 
twenty-two  of  this  article;  and  it  shall  not  have  power  to  author- 
ize the  state  or  any  political  subdivision  thereof,  to  subscribe 
for  stock,  or  to  become  a  stockholder  in  any  corporation  whatever; 
shall  prevent  the  legislature  granting  aid  pursuant  to  section 
twenty-two  of  this  article;  and  it  shall  not  have  power  to  authorize 
the  state,  or  any  political  subdivision  thereof  to  subscribe  for 
stock,  or  to  become  a  stockholder  in  any  corporation  whatever; 
provided,  further,  that  irrigation  districts  for  the  purpose  of 
acquiring  the  control  of  any  entire  international  water  system 
necessary  for  its  use  and  purposes,  a  part  of  which  is  situated  in 
the  United  States,  and  a  part  thereof  in  a  foreign  country,  may  in 
the  manner  authorized  by  law,  acquire  the  stock  of  any  foreign 
corporation  which  is  the  owner  of,  or  which  holds  the  title  to 
the  part  of  such  system  situated  in  a  foreign  country. 

EXTRA  COMPENSATION  TO   OFFICERS  FORBIDDEN. 

SEC.  32.  The  legislature  shall  have  no  power  to  grant,  or 
authorize  any  county  or  municipal  authority  to  grant,  any  extra 
compensation* or  allowance  to  any  public  officer,  agent,  servant, 
or  contractor,  after  service  has  been  rendered,  or  a  contract  has 
been  entered  into  and  performed,  in  whole  or  in  part,  nor  to  pay, 
or  to  authorize  the  payment  of,  any  claim  hereafter  created 
against  the  state,  or  any  county  or  municipality  of  the  state, 
under  any  agreement  or  contract  made  without  express  authority 
of  law,  and  all  such  unauthorized  agreements  or  contracts  shall 
be  null  and  void. 

An  act  making  an  appropriation  to  pay  the  ?alary  of  an  officer  during 
a  certain  period  before  the  amount  of  the  salary  has  been  fixed  ia  not  in 
violation  of  this  section.  (Smith  v.  Dunn,  64  Cal.  164,  28  Pac.  232.) 

ARTICLE  VI. 
JUDICIAL  POWERS. 

SECTION  1.  The  judicial  power  of  the  state  shall  be  vested  in 
the  senate,  sitting  as  a  court  of  impeachment,  in  a  supreme  court, 
district  courts  of  appeal,  superior  courts  and  such  inferior  courts 
as  the  legislature  may  establish  in  any  incorporated  city  or  town, 
township,  county,  or  city  and  county.  (Amendment  approved 
October  10,  1911.) 

The  term  "municipal  courts"  has  a  legal  meaning  and  includes  mayors' 
and  recorders'  courts.  (Uridias  v.  Morrill,  22  Cal.  473.) 

The  legislature  may  authorize  a  municipal  court  to  send  its  process 
beyond  the  territorial  limits  of  the  municipality.  (Hickman  v.  O'Neal, 
10  Cal.  292;  Meyer  v.  Kalkman,  6  Cal.  582,  overruled.) 

JUSTICES   OF  THE  PEACE,   PROVISION  FOR. 

SEC.  11.  The  legislature  shall  determine  the  number  of  each 
of  the  inferior  courts  in  incorporated  cities  or  towns,  and  in  town- 


26  EXTRACTS  FROM  THE  CONSTITUTION 

ships,  counties,  or  cities  and  counties,  according  to  the  popula- 
tion thereof  and  the  number  of  judges  or  justices  thereof,  and 
shall  fix  by  law  the  powers,  duties  and  responsibilities  of  each 
of  such  courts  and  of  the  judges  or  justices  thereof;  provided, 
such  powers  shall  not  in  any  case,  trench  upon  the  jurisdiction 
of  the  several  courts  of  record,  except  that  the  legislature  shall 
provide  that  said  courts  shall  have  concurrent  jurisdiction  with 
the  superior  courts  in  cases  of  forcible  entry  and  detainer,  where 
the  rental  value  does  not  exceed  twenty-five  dollars  per  month, 
and  where  the  whole  amount  of  damages  claimed  does  not  exceed 
two  hundred  dollars,  and  in'cases  to  enforce  and  foreclose  liens  on 
personal  property  when  neither  the  amount  of  liens  nor  the  value 
of  the  property  amounts  to  three  hundred  dollars.  (Amendment 
approved  October  10,  1911.) 

JURISDICTION  OF  INFERIOR  COURTS  TO  BE  FIXED  BY 
LEGISLATURE. 

SEX:.  13.  The  legislature  shall  fix  by  law  the  jurisdiction  of 
any  inferior  courts  which  may  be  established  in  pursuance  of 
section  one  of  this  article,  and  shall  fix  by  law  the  powers,  duties, 
and  responsibilities  of  the  judges  thereof. 

As  to  the  jurisdiction  of  the  recorder's  court,  see  Ex  parte  Soto,  88  Cal. 
624,  26  Pac.  530. 

JUDICIAL   OFFICERS   NOT  TO  RECEIVE   FEES  AND   PER- 
QUISITES. 

SEC.  15.  No  judicial  officer,  except  court  commissioners,  shall 
receive  to  his  own  use  any  fees  or  perquisites  of  office;  provided, 
that  justices  of  the  peace  now  holding  office  shall  receive  to  their 
own  use  such  fees  as  are  now  allowed  by  law  during  the  terms 
for  which  they  have  been  elected.  (Amendment  approved 
October  10,  1911.) 

Fees  of  Judicial  Officers. — The  words  "justices  of  the  peace"  as  used 
in  this  section  include  those,  by  whatever  name  they  are  called,  who  are 
invested  with  the  duties  assigned  by  the.  law  to  those  officers,  and  include 
a  recorder  of  a  city.  (Curtis  v.  Sacramento,  13  Cal.  290.) 

STYLE  OF  PROCESS. 

SEC.  20.  The  style  of  all  process  shall  be,  "The  People  of  the 
State  of  California,"  and  all  prosecutions  shall  be  conducted  in 
their  name  and  by  their  authority. 

An  action  to  punish  a  defendant  for  the  violation  of  an  ordinance  is  a 
criminal  action,  and  must  be  prosecuted  in  the  name  of  the  people. 
(Santa  Barbara  v.  Sherman,  61  Cal.  57.) 


EXTRACTS  FROM  THE  CONSTITUTION  27 

ARTICLE  IX. 
SYSTEM   OF   COMMON   SCHOOLS  TO  BE  PROVIDED. 

SEC.  5.  The  legislature  shall  provide  for  a  system  of  common 
schools  by  which  a  free  school  shall  be  kept  up  and  supported 
in  each  district  at  least  six  months  in  every  year,  after  the  first 
year  in  which  a  school  has  been  established. 

By  the  constitution  the  educational  department  is  made  a  state,  as  dis- 
tinguished from  a  municipal,  care,  and  the  regulation  of  schools  in  San 
Francisco  does  not  remain  unchangeable  under  the  Consolidation  Act. 
The  Consolidation  Act  may  remain  for  municipal  purposes,  yet  the  educa- 
tional department,  as  a  state  matter,  be  subject  to  general  laws  passed  for 
that  purpose.  (Earl  v.  Board  of  Education,  55  Cal.  489.) 

Schools  and  Funds. — High  schools  are  an  integral  part  of  our  public 
school  system.  (Chico  High  School  Board  v.  Supervisors,  118  Cal.  115, 
50  Pac.  275.) 

The  term  "public  schools"  in  section  798  of  the  Municipal  Corporation 
Act  does  not  embrace  high  schools.  (Brown  v.  City  of  Visalia,  141  Cal. 
372,  74  Pac.  1042.) 

ARTICLE  XI. 
MUNICIPAL   CORPORATIONS   TO     BE    CONTROLLED    BY 

GENERAL  LAWS. 

SBC.  6.  Corporations  for  municipal  purposes  shall  not  be 
created  by  special  laws;  but  the  legislature  shall,  by  general 
laws,  provide  for  the  incorporation,  organization,  and  classifi- 
cation, in  proportion  to  population,  of  cities  and  towns,  which 
laws  may  be  altered,  amended,  or  repealed;  and  the  legislature 
may,  by  general  laws,  provide  for  the  performance  by  county 
officers  of  certain  of  the  municipal  functions  of  cities  and  towns 
so  incorporated,  whenever  a  majority  of  the  electors  of  any  such 
city  or  town  voting  at  a  general  or  special  election  shall  so 
determine.  Cities  and  towns  heretofore  organized  or  incorporated 
may  become  organized  under  the  general  laws  passed  for  that 
purpose,  whenever  a  majority  of  the  electors  voting  at  a  general 
election  shall  so  determine,  and  shall  organize  in  conformity 
therewith.  Cities  and  towns  hereafter  organized  under  charters 
framed  and  adopted  by  authority  of  this  constitution  are  hereby 
empowered,  and  cities  and  towns  heretofore  organized  by  author- 
ity of  this  constitution  may  amend  their  charters  in  the  manner 
authorized  by  this  constitution  so  as  to  become  likewise  empowered 
hereunder,  to  make  and  enforce  all  laws  and  regulations  in  respect 
to  municipal  affairs,  subject  only  to  the  restrictions  and  limita- 
tions provided  in  their  several  charters,  and  in  respect  to  other 
matters  they  shall  be  subject  to  and  controlled  by  general  laws. 
Cities  and  towns  heretofore  or  hereafter  organized  by  authority 
of  this  constitution  may,  by  charter  provision  or  amendment, 
provide  for  the  performance  by  county  officers  of  certain  of  their 
municipal  functions,  whenever  the  discharge  of  such  municipal 


28  EXTRACTS  FROM  THE  CONSTITUTION 

functions  by  county  officers  is  authorized  by  general  laws  or  by 
the  provisions  of  a  county  charter  framed  and  adopted  by 
authority  of  this  constitution. 

Municipal  corporations  are  but  subordinate  subdivisions  of  the  state, 
which  may  be  created,  altered,  or  abolished  at  the  will  cf  the  legislature, 
which  may  enlarge  or  restrict  their  powers,  direct  the  mode  of  their  exercise, 
and  define  what  acts  they  may  or  may  not  perform,  subject  to  the  limita- 
tion that  the  legislature  cannot  direct  the  performance  of  an  act  which  will 
impair  the  obligations  of  a  contract.  (San  Francisco  v.  Canavan,  42  Cal. 
541.) 

As  to  when  a  city  of  one  class  passes  from  one  class  to  another,  see  Ex 
parte  Halsted,  89  Cal.  471,  26  Pac.  961.) 

Charters. — City  charters,  except  as  to  municipal  affairs,  are  subject  to 
and  controlled  by  general  laws.  (Kennedy  v.  Board  of  Education,  82  Cal. 
483,  22  Pac.  1042;  People  v.  Henshaw,  76  Cal.  436,  18  Pac.  413;  Ex  parte 
Halstead,  89  Cal.  471,  26  Pac.  961;  Davies  v.  Los  Angeles,  86  Cal.  37,  24  Pac. 
771;  Ex  parte  Ah  You,  82  Cal.  339,  22  Pac.  929;  In  re  Carrillo,  66  Cal.  3, 
4  Pac.  695;  Farmer  v.  Behmer,  9  Cal.  App.  773,  100  Pac.  901.) 

A  municipality  by  its  charter  in  the  erection  of  school  houses  and  the 
issuance  of  bonds  therefor  can  only  run  current  with,  and  never  counter 
to,  the  general  laws  of  the  state  touching  the  common  pchool  system. 
(Los  Angeles  School  Dist.  v.  Longdon,  148  Cal.  380,  83  Pac.  246.) 

A  provision  of  a  city  charter  fixing  tRe  time  during  which  the  polls  are 
to  be  open  during  a  municipal  election  is  not  in  conflict  with  the  general 
law,  which  only  refers  to  state  and  county  elections.  (People  v.  Hill,  125 
Cal.  16,  57  Pac.  669.) 

Notwithstanding  the  general  law  has  denned  an  obstruction  to  a  side- 
walk a  public  nuisance  and  punishable  as  such,  a  city  may  make  it  a  mis- 
demeanor to  fail  to  remove  an  obstruction  to  a  sidewalk,  since  the  munici- 
pality might  legalize  a  partial  obstruction  of  a  street.  (Ex  parte  Taylor, 
87  Cal.  91,  25  Pac.  258.) 

A  provision  of  a  city  charter  prescribing  the  form  of  the  complaint  in 
all  actions  to  recover  city  taxes,  there  being  no  provision  of  the  general  law 
on  the  subject,  is  valid.  (Stockton  v.  Insurance  Co.,  73  Cal.  621,  15  Pac. 
314.) 

A  municipal  affair  is  one  which  refers  to  the  internal  business  of  the 
municipality.  (Fragley  v.  Phelan,  126  Cal.  383,  58  Pac.  923.) 

The  election  of  a  board  of  freeholders  and  the  adoption  of  a  charter  is 
not  a  municipal  affair.  (Fragley  v.  Phelan,  126  Cal.  383,  58  Pac.  923.) 

Salaries  cf  officers  of  the  police  and  fire  department  of  a  city  are  muni- 
cipal affairs.  (Popper  v.  Broderick,  123  Cal.  456,  56  Pac.  53.) 

The  school  system  is  a  matter  of  general  concern  and  not  a  municipal 
affair.  (Hancock  v.  Board  of  Education,  140  Cal.  554,  74  Pac.  44.) 

The  municipality  is  governed  by  general  laws  as  to  municipal  affairs 
as  to  which  the  charter  is  silent.  (Fragley  v.  Phelan,  126  Cal.  383,  58  Pac. 
923.) 

Conceding  that  the  removal  of  municipal  officers  is  a  municipal  affair, 
that  cannot  affect  the  concurrent  jurisdiction  of  the  superior  court  con- 
ferred by  the  general  law.  (Coffey  v.  Superior  Court,  147  Cal.  525,  82  Pac. 
75.) 

The  authority  given  to  a  city  by  its  charter  to  issue  bonds  for  the  erec- 
tion of  school  houses  within  the  city  as  a  "municipal  affair"  is  not  exclusive 
of  the  power  conferred  upon  the  trustees  of  the  school  district  comprising 
the  city.  (Los  Angeles  School  Dist.  v.  Longdon,  148  Cal.  380,  83  Pac.  246.) 

The  disposition  of  fines  for  misdemeanors  punished  by  virtue  of  the 
.state  law  is  not  a  municipal  affair.  (Marysville  v.  County  of  Yuba,  1  Cal 
App.  634,  82  Pac.  975.) 

The  difcuesing  of  forms  of  vice  and  crime  which  are  both  mala  in  se  and 
mala  prohibita  cannot  be  classed  as  "municipal  affairs."  (Farmer  v. 
Behmer,  9  Cal.  App.  773,  100  Pac.  901.) 


EXTRACTS  FROM  THE  CONSTITUTION  29 

Tht  annexation  of  territory  to  a  city  is  not  a  municipal  affair,  but  is  a 
matter  pertaining  to  the  state  at  large  and  within  its  general  powers  and 
functions,  and  the  general  law  upon  that  subject  controls.  (People  v.  City 
of  Long  Beach.  155  Cal.  604,  102  Pac.  664.) 

The  trial  and  punishment  of  offenses  defined  by  the  laws  of  the  state 
is  not  a  municipal  affair.  (Robert  v.  Police  Court,  148  Cal.  131,  82  Pac.  838. 
Per  Beatty,  C.  J.,  and  Hensbaw,  J.) 

COMPENSATION   OF  OFFICERS. 

SEC.  9.  The  compensation  of  any  county,  city,  town,  or  mu- 
nicipal officer  shall  not  be  increased  after  his  election  or  during 
his  term  of  office;  nor  shall  the  term  of  any  officer  be  extended 
beyond  the  period  for  which  he  is  elected  or  appointed. 

This  section  doe?  not  apply  to  incidental  expenses  of  the  office,  but  only 
to  the  compensation  for  services.  (Kirkwood  v.  Soto,  87  Cal.  394,  25  Pac. 
488.) 

A  contract  to  pay  a  city  attorney  extra  compensation  for  services  rendered 
during  his  term  of  office  is  void;  but  he  might  recover  for  services  performed 
under  such  contract  after  the  expiration  of  his  term  of  office.  (Buck  v. 
Eureka,  109  Cal.  504,  42  Pac.  243,  30  L.  R.  A.  409.) 

The  legislature  may  change  the  form  of  compensation  from  fees  to  a 
salary,  provided  the  compensation  is  not  increased.  (McCauley  v.  Cul- 
vert, 144  Cal.  276,  77  Pac.  923.) 

In  the  absence  of  a  provision  in  the  charter  providing  a  salary  for 
members  of  the  city  council,  that  body  has  no  power  to  provide  such  salary 
by  ordinance.  (Woods  v.  Potter,  8  Cal.  App.  41,  95  Pac.  1125.) 

The  expression  "term  of  office,"  applies  only  to  officers  who  have  a  fixed 
and  definite  term,  and  does  not  apply  to  appointive  officers  who  hold  at 
the  pleasure  of  the  appointing  power.  (Harrold  v.  Barnum,  8  Cal.  App. 
21.  96  Pac.  104.) 

LOCAL  POLICE,    SANITARY,   AND   OTHER  REGULATIONS 
MAY  BE  ENFORCED. 

SEC.  11.  •  Any  county,  city,  town,  or  township  may  make  and 
enforce  within  its  limits  all  such  local,  police,  sanitary,  and  other 
regulations  as  are  not  in  conflict  with  general  laws. 

Nature  of  Grant  of  Power. — The  grant  is  to  the  body  politic  and  not  to 
the  city  council,  and  may  be  exercised  by  the  electors  directly  by  the  in- 
itiative and  leferendum.  (In  re  Pfahler,  150  Cal.  71,  88  Pac.  270,  11  Ann. 
Gas.  911.) 

This  section  contains  a  direct  grant  of  power.  (Denton  v.  Vann,  8  Cal. 
App.  677,  97  Pac.  675.) 

The  legislature  cannot  limit  the  power  conferred  by  this  section  so  long 
as  it  does  not  conflict  with  any  general  law  of  the  state.  (In  re  Ackerman, 
6  Cal.  App.  5,  91  Pac.  429.) 

Any  practice  or  business  the  tendency  of  which,  as  shown  by  experience, 
is  to  weaken  or  corrupt  the  morals  of  those  who  follow  it  or  to  encourage 
idleness,  instead  of  habits  of  industry,  is  a  legitimate  subject  of  police 
regulation.  Gambling  is  such  a  practice.  (Ex  parte  Tuttle,  91  Cal.  589, 
27  Pac.  933.) 

The  question  as  to  what  measures  are  needful  or  appropriate  to  be  taken 
in  the  exercise  of  the  police  power  is  primarily  for  the  legislative  body  to 
determine;  and  such  determination  will  not  be  disturbed  by  the  courts, 
unless  the  fundamental  rights  of  the  citizens  are  assailed.  (Ex  parte 
Tuttle,  91  Cal.  589,  27  Pac.  933.) 

It  is  not  necessary  to  the  exercise  of  the  police  power  in  regulating  a 
business  that  it  shall  constitute  a  nuisance  per  se.  (Ex  parte  Lacey,  108 
Cal.  326,  49  Am.  St.  Rep.  93,  41  Pac.  411,  38  L.  R.  A.  640.) 


30  EXTRACTS  FROM  THE  CONSTITUTION 

The  right  to  regulate  is  not  confined  to  such  interference  with  the  public 
welfare  and  comfort  as  comes  strictly  within  the  common-law  definition 
of  nuisance.  (In  re  Junqua,  10  Cal.  App.  602,  103  Pac.  159.) 

The  legislative  determination  of  what  is  a  proper  exercise  of  police  powers 
is  not  final  but  is  subject  to  supervision  by  the  courts,  which  will  interfere 
when  the  case  is  made  plain,  either  upon  the  face  of  the  measure  or  by 
extraneous  evidence,  that  needless  oppression  is  worked  or  that  constitu- 
tional rights  are  invaded,  or  when  the  local  ordinance  is  unreasonable  and 
oppressive.  (In  re  Junqua,  10  Cal.  App.  602,  103  Pac.  159.) 

Police  power  is  limited  to  such  measures  as  are  reasonable  in  their  appli- 
cation and  which  tend  in  some  appreciable  degree  to  promote,  protect,  or 
preserve  the  public  health,  morals,  or  safety,  or  the  general  welfare. 
(Ex  parte  Quarg,  149  Cal.  79,  117  Am.  St.  Rep.  115.  84  Pac.  766,  5.  L.  R.  A., 
N.  ST,  183.  9  Ann.  Cas.  747.) 

So  far  as  mere  police  regulations  are  concerned,  if  city  and  county 
ordinances  conflict,  the  police  regulations  made  by  the  city  will  control 
within  the  limits  of  the  city.  (Ex  parte  Roach,  104  Cal.  272,  37  Pac.  1044; 
Ex  parte  Mansfield,  106  Cal.  400,  39  Pac.  775;  Los  Angeles  v.  Eikenberry, 
131  Cal.  461,  63  Pac.  766;  Ex  parte  Pfirrman,  134  Cal.  143,  66  Pac.  205.) 

A  sanitary  district  is  not  a  municipal  corporation,  and  has  none  of  the 
powers  granted  by  this  section,  nor  can  the  legislature  confer  such  powers 
upon  it.  (In  re  Werner,  129  Cal.  567,  62  Pac.  97.) 

An  ordinance  making  it  unlawful  to  visit  a  gambling  house  is  not  in 
conflict  with  a  provision  of  the  general  law  making  it  unlawful  to  bet  at 
such  house.  (Ex  parte  Boswell,  86  Cal.  232,  24  Pac.  1060.) 

An  ordinance  undertaking  to  punish  precisely  the  same  acts  which  are 
punishable  under  the  general  law  of  the  state  is  to  be  deemed  in  conflict 
with  such  general  law.  (Ex  parte  Stephen,  114  Cal.  278,  46  Pac.  86; 
In  re  Sic,  73  Cal.  142,  14  Pac.  405.) 

An  ordinance  containing  certain  regulations  as  to  the  burden  of  proof 
and  the  effect  of  certain  acts  as  evidence  is  void.  (Ex  parte  Christensen. 
85  Cal.  208,  24  Pac.  747.) 

A  municipal  ordinance  making  it  a  misdemeanor  to  fail  to  remove  an 
obstruction  of  a  sidewalk  is  not  in  conflict  with  the  provisions  of  the  general 
law  declaring  such  an  obstruction  a  nuisance  and  punishable  as  such, 
since  the  municipality  might  legalize  a  partial  obstruction  of  a  street. 
(Ex  parte  Taylor,  87  Cal.  91,  25  Pac.  258.) 

When  the  state  law  provides  a  general  and  municipal  scheme  to  prevent 
the  adulteration  and  sale  of  milk  and  dairy  products,  a  municipal  ordi- 
nance establishing  a  different  standard  of  purity  is  void.  (In  re  Desanta, 

8  Cal.  App.  295,  96  Pac.  1027.) 

An  ordinance  in  direct  conflict  with  a  subsequently  enacted  general  law 
cannot  be  enforced.  (In  re  Desanta,  8  Cal.  App.  295,  96  Pac.  1027.) 

A  municipal  ordinance  licensing  brothels  is  subject  to  the  state  law 
punishing  the  crime  of  keeping  a  house  of  prostitution.  (Farmer  v.  Behmer, 

9  Cal.  App.  773,  100  Pac.  901.) 

An  ordinance  is  not  inconsistent  with  the  general  law  merely  because 
jt  makes  another  and  different  regulation  on  the  same  subject,  when  there 
is  no  direct  conflict  between  its  terms  and  the  provisions  of  the  state  law. 
(Ex  parte  Hong  Shen,  98  Cal.  681,  33  Pac.  799.) 

Where  the  penalty  imposed  for  the  violation  of  an  ordinance  conflicts 
with  the  provisions  of  the  Penal  Code,  the  penal  clause  of  the  ordinance 
is  void.  (Ex  parte  Mansfield,  106  Cal.  400,  39  Pac.  775.) 

The  fact  that  an  ordinance  prohibiting  games  for  money  includes,  by 
way  of  general  description,  games  prohibited  by  statute,  as  well  as  those  not 
so  prohibjted,  does  not  affect  the  validity  of  the  ordinance;  but  all  games 
so  prohibited  by  the  general  laws  must  be  excluded  from  the  operation  of 
the  ordinance.  (In  re  Murphy,  128  Cal.  29,  60  Pac.  465.) 

When  the  question  as  to  the  unreasonableness  of  a  municipal  ordinance 
is  in  doubt,  the  ordinance  will  be  upheld;  but  when  the  ordinance  is  clearly 
unreasonable,  it  will  be  held  void.  (Ex  parte  McKenna,  126  Cal.  429,  58 
Pac.  916.) 


EXTRACTS  FROM  THE  CONSTITUTION  31 

An  ordinance  may  be  reasonable  as  applies  to  the  regulation  of  cemeteries 
within  a  city  or  town,  which  would  be  unreasonable  if  applied  to  all  parts 
of  a  county  thinly  populated  in  many  of  its  parts.  (Los  Angeles  v.  Holly- 
wood Cem.  Assn.,  124  Cal.  344,  71  Am.  St.  Rep.  75,  57  Pac.  153.) 

An  ordinance  imposing  a  fine  not  exceeding  one  thousand  dollars  and 
imprisonment  not  exceeding  six  months,  for  uttering  profane  and  abusive 
language  in  the  presence  of  other  persons,  is  not  unreasonable.  (McDonald 
v.  Taylor,  89  Cal.  42,  26  Pac.  595.) 

Valid  Ordinances. — In  accordance  with  the  foregoing  general  principles 
the  following  ordinances  have  been  held  valid  as  police  and  sanitary 
measures:  An  ordinance  for  the  removal  of  shade  trees  growing  in  the 
sidewalks  of  public  streets  (Vanderhurst  v.  Tholcke,  113  Cal.  147,  45  Pac. 
266,  35  L.  R.  A.  267);  an  ordinance  prohibiting  the  conducting  of  any 
carpet-beating  machine  within  one  hundred  feet  of  any  church,  school 
house,  residence,  or  dwelling-house  (Ex  paite  Lacey,  108  Cal.  326,  49  Am. 
St.  Rep.  93,  41  Pac.  411,  38  L.  R.  A.  640);  a  city  ordinance  forbidding  the 
beating  of  drums  in  the  traveled  streets  of  a  city,  without  the  permission 
of  the  president  of  the  board  of  trustees  (In  re  Flaherty,  105  Cal.  558,  38 
Pac.  981);  an  ordinance  prohibiting  the  alteration  or  repair  of  any  wooden 
building  within  certain  designated  fire  limits,  without  permission  of  the 
fire  wardens  and  approval  of  a  majority  of  the  committee  on  fire  depart- 
ment and  the  mayor  (Ex  parte  Fiske,  72  Cal.  125,  13  Pac.  310) ;  an  ordinance 
prohibiting  the  keeping  of  more  than  two  cows  within  certain  portions  of 
a  city  (In  re  Lineham,  72  Cal.  114,  13  Pac.  170);  an  ordinance  prohibiting 
the  carrying  on  of  a  public  laundry  within  the  city  limits,  except  within 
prescribed  boundaiies  (In  re  Hang  Kie,  69  Cal.  149,  10  Pac.  327);  an  ordi- 
nance providing  that  all  buildings  used  as  laundries  shall  be  constructed 
but  one  story  in  height,  with  brick  or  stone  walls,  and  with  metal  roofs, 
doors,  and  window  shutters  (Ex  parte  White,  67  Cal.  102,  7  Pac.  186); 
a  provision  of  a  city  charter  prohibiting  the  slaughtering  of  animals  and 
the  maintenance  of  slaughter-houses  within  the  city  (Ex  parte  Heilbron, 
65  Cal.  609,  4  Pac.  648);  an  ordinance  making  it  unlawful  to  play  upon  any 
musical  instrument,  etc.,  in  any  saloon,  etc.,  after  midnight  (Ex  parte 
Smith  &  Keating,  38  Cal.  702);  an  ordinance  providing  that  no  person  shall 
establish  or  maintain  any  slaughter-house,  keep  herds  of  more  than  five 
swine,  keep  or  cure  hides,  slaughter  cattle,  etc.,  in  any  part  of  the  city  and 
county  (Ex  parte  Shrader,  33  Cal.  279);  an  ordinance  making  it  unlawful 
to  exhibit  in  any  barred  or  barricaded  house  or  room  or  in  any  place 
built  or  protected  in  a  manner  to  make  it  difficult  of  access  to  police  officers, 
when  three  or  more  persons  are  present,  and  cards,  etc.  (Matter  of  Ah 
Cheung,  136  Cal.  678,  69  "Pac.  492);  an  ordinance  of  the  City  and  County 
of  San  Francisco  prohibiting  interments  of  dead  bodies  within  the  city 
limits  (Odd  Fellows'  Cem.  Assn.  v.  San  Francisco,  140  Cal.  226,  73  Pac.  987); 
an  ordinance  making  it  unlawful  to  maintain  gas-works  within  certain 
defined  limits  (Dobbins  v.  Los  Angeles,  139  Cal.  179,  96  Am.  St.  Rep.  95, 
72  Pac.  970;  In  re  Daly,  139  Cal.  216,  72  Pac.  1097);  an  ordinance 
requiring  the  exclusive  removal  of  all  garbage  by  the  city  tc  be  consumed 
at  the  city  crematory  (In  re  Zihzhuzza,  147  Cal.  328,  81  Pac.  955);  an  ordi- 
nance suppressing  public  billiard  and  pool  rooms  (Ex  parte  Murphy,  8  Cal. 
App.  2140,  97  Pac.  199);  an  ordinance  forbidding  the  escape  of  soot  from  any 
furnace  in  which  distillate  or  crude  oil  is  consumed  (In  re  Junqua,  10  Cal.  App. 
602,  103  Pac.  159);  an  ordinance  regulating  the  laying  of  sewers  in  the  public 
streets  (Harter  v.  Barkley,  158  Cal.  742,  112  Pac.  556);  a  law  forbidding  the 
employment  of  children  under  the  age  of  fourteen  years  at  any  regular 
occupation  (In  re  Spencer,  149  Cal.  396,  117  Am.  St.  Rep.  137,  86  Pac.  896, 
9  Ann.  Gas.  1105.) 

Invalid  Ordinances.-^-On  the  other  hand,  the  following  ordinances  have 
been  held  to  be  invalid  as  police  and  sanitary  measures:  A  municipal 
ordinance,  not  prohibiting  all  burials  within  the  city,  but  merely  prohib- 
iting further  purchases  of  cemetery  lots,  and  allowing  burials  in  lots  already 
purchased  (Ex  parte  Bohen,  115  Cal.  372,  47  Pac.  55);  an  ordinance  prohib- 


32  EXTRACTS  FROM  THE  CONSTITUTION 

iting  the  carrying  on  of  a  public  laundry  within  the  corporate  limits  of  the 
town,  except  in  certain  specified  blocks  thereof,  without  a  written  permit 
from  the  board  of  trustees,  and  the  written  consent  of  a  majority  of  the  real 
property  owners  within  the  block  in  which  the  business  is  to  be  carried  on, 
and  also  of  the  four  blocks  immediately  surrounding  the  same  (Ex  parte 
Sing  Lee,  96  Cal.  354,  31  Am.  St.  Rep.  218,  31  Pac.  245,  24  L.  R.  A.  195); 
an  ordinance  making  it  unlawful  for  any  contractor  performing  work  for 
the  city  to  employ  any  person  to  work  more  than  eight  hours  a  day,  or  to 
employ  Chineee  labor  (Ex  parte  Kuback,  85  Cal.  274,  20  Am.  St.  Rep.  226, 
24  Pac.  737,  9  L.  R.  A.  482);  an  ordinance  prohibiting  the  employment  of 
females  in  dance-halls,  etc.  (Matter  of  Maguire,  57  Cal.  604,  40  Am.  Rep. 
125.  But  see  Ex  parte  Felchlin,  96  Cal.  360,  31  Am.  St.  Rep.  223,  31  Pac. 
224);  a  municipal  ordinance  which  undertakes  to  absolutely  forbid  the 
erection  or  maintenance  of  any  billboard  for  advertising  purposes  (Varney 
&  Green  v.  Williams,  155  Cal.  318,  132  Am.  St.  Rep.  88,  100  Pac.  867,  21 
L.  R.  A.,  N.  S.,  741);  an  ordinance  requiring  a  license  to  be  obtained  by 
every  person  who  at  a  fixed  place  of  business  sells  any  goods,  etc.,  is  author- 
ized by  this  section  (Ex  parte  Mount,  66  Cal.  448,  6  Pac.  78;  San  Luis  Obispo 
v.  Greenberg,  120  Cal.  300,  52  Pac.  797). 

A  license  imposed  upon  dogs  is  an  exercise  of  the  police,  and  not  of  the 
taxing-power.  (In  re  Ackerman,  6  Cal.  App.  5,  9J  Pac.  429.) 

The  power  to  regulate  a  business  may  be  exercised  by  means  of  a  license 
fee,  provided  the  amount  is  not  more  than  is  reasonably  necessary  for  the 
regulation  of  the  business.  (Plumas  Co.  v.  Wheeler,  149  Cal.  758,  87  Pac. 
909.) 

ASSESSMENT  AND   COLLECTION   OF  TAXES. 

SEC.  12.  The  legislature  shall  have  no  power  to  impose  taxes 
upon  counties,  cities,  towns,  or  other  public  or  municipal  corpo- 
rations, or  upon  the  inhabitants  or  property  thereof,  for  county, 
city,  town,  or  other  municipal  purposes,  but  may,  by  general 
laws,  vest  in  the  corporate  authorities  thereof  the  power  to  assess 
and  collect  taxes  for  such  purposes. 

An  ordinance  imposing  a  license  tax  and  distinguishing  between  hotel? 
where  meals  are  cooked  and  served  by  a  proprietor  or  the  members  of  his 
family  and  those  where  meals  are  not  so  cooked  and  served  is  valid. 
(Ex  parte  Lemon,  143  Cal.  558,  77  Pac.  455,  65  L.  R.  A.  946.) 

License  taxes  for  revenue  are  taxes  within  the  meaning  of  this  section. 
(Ex  parte  Jackson,  143  Cal.  564,  77  Pac.  457.) 

The  general  municipal  corporation  act  authorizing  the  boards  of  trustees 
of  cities  to  adopt  a  revenue  system  is  valid.  (Escondido  v.  Escondido  L., 
etc..  Co.,  8  Cal.  App.  435,  97  Pac.  197.) 

License  Taxes.— A  license  tax  graduated  according  to  the  amount  of 
the  monthly  sales  of  the  merchant  is  valid,  since  it  applies  uniformly  to 
all  persons  in  the  same  category.  (Sacramento  v.  Crocker,  16  Cal.  119.) 

A  law  imposing  upon  a  person  residing  in  a  given  section  of  the  state  a 
license  as  a  merchant  without  reference  to  his  occupation  would  be  void. 
(Ex  parte  Ah  Pong,  19  Cal.  106.) 

Under  this  section  a  municipality  may  impose  a  license  tax  for  the  pur- 
pose of  revenue.  (In  re  Guerrero,  69  Cal.  88,  10  Pac.  261.) 

MONEYS,   ETC.,   TO   BE   DEPOSITED   WITH  TREASURER. 

SEC.  16.  All  moneys,  assessments,  and  taxes  belonging  to  or 
collected  for  the  use  of  any  county,  city,  town,  or  other  public 
or  municipal  corporation,  coming  into  the  hands  of  any  officer 
thereof,  shall  immediately  be  deposited  with  the  treasurer  or 
other  legal  depositary,  to  the  credit  of  such  city,  town,  or  other 
corporation  respectively,  for  the  benefit  of  the  funds  to  which 
they  respectively  belong. 


EXTRACTS  FROM  THE  CONSTITUTION  33 

DEPOSIT   OF  PUBLIC  MONEYS. 

ARTICLE  XI. 
(Statutes  of  1917,  Page  1955) 

SEC.  \§Y<i-  Authorizes  state,  county  or  municipality  to  deposit 
moneys  in  national  banks  within  state,  or  banks  organized  under 
laws  thereof,  as  permitted  by  any  law  adopted  by  initiative  or 
by  two-thirds  vote  of  each  house  of  legislature  approved  by 
governor  and  s  ibject  to  referendum,  and,  when  issuing  bonds,  in 
banks  outside  state  to  pay  principal  or  interest  thereof  where 
payable;  eliminates  provisions  requiring  security  for  deposits, 
interest  thereon  and  limiting  amounts  thereof,  continuing  present 
laws  governing  deposits  until  amended  or  repealed. 

Election  November  5,  1918:  Adopted— Yes.  239,203;  No,  180,856. 

RESTRICTIONS  ON  POWER  TO  INCUR  INDEBTEDNESS. 
(Statutes  of  1917,  page  1976) 

SEC.  18.  Amends  Section  18,  Article  XI,  of  constitution, 
relating  to  limitation  upon  county  municipal  and  district  indebted- 
ness, by  adding  proviso  authorizing  City  of  Venice  to  pay  all  its 
indebtedness  incurred  during  years  1914  to  1916  inclusive  exceeding 
the  income  and  revenue  there  for,  amount  to  be  paid  in  full  of  said 
indebtedness  not  to  exceed  in  the  aggregate  sixty  thousand  dollars, 
whenever  two-thirds  of  voters  thereof  so  decide  at  election  held 
for  that  purpose,  and  declaring  that  no  statute  of  limitations  shall 
apply  in  any  manner. 

Election  November  5,  1918:  Adopted— Yes,  188,349;  No,  167,647. 

Municipal  Indebtedness.— This  provision  is  to  be  naturally  and  reason- 
ably construed  as  providing  that  all  legitimate  indebtedness  of  the  munici- 
pality must  not  exceed  all  the  revenues  and  income  provided  for  that  year. 
(Higgins  v.  San  Diego,  131  Cal.  294,  63  Pac.  470.) 

It  refers  only  to  the  acts  or  contracts  of  the  city  and  not  to  liabilities 
which  the  law  may  cast  upon  her.  (McCracken  v.  San  Francisco,  16  Cal. 
591;  Lewis  v.  Widber,  99  Cal.  412,  33  Pac.  1128.) 

Each  year's  income  and  revenue  must  pay  each  year's  indebtedness 
and  liability,  and  no  indebtedness  or  liability  incurred  in  any  one  year 
can  be  paid  out  of  the  income  of  any  future  year.  (San  Francisco  Gas  Co. 
v.  Brickwedel,  62  Cal.  641;  Schwartz  v.  Wilson,  75  Cal.  502,  17  Pac.  449; 
Smith  v.  Broderick,  107  Cal.  644,  48  Am.  St.  Rep.  167,  40  Pac.  1033;  Weaver 
v.  San  Francisco,  111  Cal.  319,  43  Pac.  972;  Montague  v.  English,  119  Cal. 
225,  51  Pac.  327.) 

The  fact  that  the  obligation  is  reduced  to  judgment  and  a  special  tax 
levied  and  collected  for  its  payment  does  not  alter  the  case.  (Smith  v. 
Broderick,  107  Cal.  644,  48  Am.  St.  Rep.  167,  40  Pac.  1033;  Goldsmith  v. 
San  Francisco,  115  Cal.  36,  46  Pac.  816.) 

Moneys  of  a  previous  fiscal  year,  remaining  in  the  treasury  in  a  subse- 
quent year,  are  not  part  of  the  fund  of  the  subsequent  year,  but  they  remain 
a  part  of  the  fund  of  the  previous  year,  and  a  claimant  of  that  fund  cannot 
be  robbed  of  his  due  by  a  technical  transfer.  (Bilby  v.  McKenzie,  112  Cal. 
143,  44  Pac.  341.) 

Where  the  revenue  of  one  fiscal  year  has  been  exhausted,  the  city  officers 
cannot,  for  the  purpose  of  providing  for  the  present  needs  of  the  munici- 


34  EXTRACTS  FROM  THE  CONSTITUTION 

pality  during  the  remainder  of  the  year,  incur  debts  to  be  met  in  a  subse- 
quent year,  except  in  the  manner  provided  in  this  section.  (Bradford  v. 
San  Francisco,  112  Cal.  537,  44  Pac.  912.) 

This  section  does  not  prohibit  the  auditing  of  demands  for  salaries, 
although  the  aggregate  amount  of  the  salaries  for  a  given  year  would  exceed 
the  amount  limited  by  the  board  of  supervisors  for  the  payment  of  such 
salaries  during  that  year.  (Welch  v.  Strother,  74  Cal.  413,  16  Pac.  22.) 

A  contract  for  future  annual  payments  for  a  sewer  farm  is  not  a  present 
liability.  (McBean  v.  Fresno,  112  Cal.  159,  53  Am.  St.  Rep.  191,  44  Pac. 
358,  31  L.  R.  A.  794;  Smilie  v.  Fresno,  112  Cal.  311,  44  Pac.  556;  Higgins  v. 
San  Diego  Water  Co.,  118  Cal.  524,  45  Pac.  824,  50  Pac.  670.) 

XA  sum  payable  upon  a  contingency  is  not  a  debt  within  the  meaning 
of  this  section,  and  cannot  become  such  until  the  contingency  happens. 
(Doland  v.  Clark,  143  Cal.  176,  76  Pac.  958.) 

A  contract  to  continue  for  a  series  of  years,  and  providing  for  payments 
")C      thereunder   at   different   times,    is    not   in    violation   of    this    provision. 
(Doland  v.  Clark,  143  Cal.  176,  76  Pac.  958.) 

Although  there  may  be  no  money  in  the  fund  out  of  which  a  liability 
is  payable  at  the  time  it  is  created,  still,  if  at  the  end  of  the  fiscal  year  there 
is  money  in  such  fund,  it  may  be  applied  to  such  liability.  (Higgins  v. 
San  Diego,  131  Cal.  294,  63  Pac.  470.) 

MUNICIPAL  OWNERSHIP  OF  PUBLIC   UTILITIES. 

SEC.  19.  Any  municipal  corporation  may  establish  and  operate 
public  works  for  supplying  its  inhabitants  with  light,  water, 
power,  heat,  transportation,  telephone  service  or  other  means  of 
communication.  Such  works  may  be  acquired  by  original  con- 
struction or  by  the  purchase  of  existing  works,  including  their 
franchises,  or  both.  Persons  or  corporations  may  establish  and 
operate  works  for  supplying  the  inhabitants  with  such  services 
upon  such  conditions  and  under  such  regulations  as  the  munici- 
pality may  prescribe  under  its  organic  law,  on  condition  that  the 
municipal  government  shall  have  the  right  to  regulate  the  charges 
thereof.  A  municipal  corporation  may  furnish  such  services  to 
inhabitants  outside  its  boundaries;  provided  that  it  shall  not 
furnish  any  service  to  the  inhabitants  of  any  other  municipality 
owning  or  operating  works  supplying  the  same  service  to  such 
inhabitants,  without  the  consent  of  such  other  municipality, 
expressed  by  ordinance.  (Amendment  approved  October  10, 
1911.) 

An  electric  light  company  by  erecting  poles  by  permission  of  the  muni- 
cipal authorities  does  not  obtain  an  absolute,  indefeasible  right  to  have 
the  poles  remain  at  the  particular  spot  for  all  time,  and  the  city  authorities 
have  the  power  by  reasonable  regulations  to  compel  the  company  to  change 
their  location.  (Merced  Falls  Gas  Co.  v.  Turner,  2  Cal.  App.  720,  84  Pac. 
239.) 

ARTICLE  XII. 

RAILROAD      COMMISSION,     REGULATION     OF     PUBLIC 
UTILITIES. 

SEC.  23.  Every  private  corporation,  and  every  individual  or 
association  of  individuals,  owning,  operating,  managing,  or  con- 
trolling any  commercial  railroad,  interurban  railro:ut. 


EXTRACTS  FROM  THE  CONSTITUTION  35 

railroad,  canal,  pipe  line,  plant,  or  equipment,  or  any  part  of 
such  railroad,  canal,  pipe  line,  plant  or  equipment  within  this 
state,  for  the  transportation  or  conveyance  of  passengers,  or 
express  matter,  or  freight  of  any  kind,  including  crude  oil,  or  for 
the  transmission  of  telephone  or  telegraph  messages,  or  for 
the  production,  generation,  transmission,  delivery  or  furnishing 
of  heat,  light,  water  or  power  or  for  the  furnishing  of  storage  or 
wharfage  facilities,  either  directly  or  indirectly,  to  or  for  the 
public,  and  every  common  carrier  is  hereby  declared  to  be  a 
public  utility  subject  to  such  control  and  regulation  by  the  rail- 
road commission  as  may  be  provided  by  the  legislature,  and 
every  class  of  private  corporations,  individuals,  or  associations 
of  individuals  hereafter  declared  by  the  legislature  to  be 
public  utilities  shall  likewise  be  subject  to  such  cnntrol  and 
regulation.  The  railroad  commission  shall  have  and  exercise 
such  power  and  jurisdiction  to  supervise  and  regulate  public 
utilities,  in  the  State  of  California,  and  to  fix  the  rates  to  be 
charged  for  commodities  furnished,  or  services  rendered  by 
public  utilities  as  shall  be  conferred  upon  it  by  the  legislature, 
and  the  right  of  the  legislature  to  confer  powers  upon  the  railroad 
commission  respecting  public  utilities  is  hereby  declared  to  be 
plenary  and  to  be  unlimited  by  any  provision  of  this  constitution. 
From  and  after  the  passage  by  the  legislature  of  laws  conferring 
powers  upon  the  railroad  commission  respecting  public  utilities, 
all  powers  respecting  such  public  utilities  vested  in  boards  of 
supervisors,  or  municipal  councils,  or  other  governing  bodies 
of  the  several  counties,  cities  and  counties,  cities  and  towns,  in 
this  state,  or  in  any  commission  created  by  law  and  existing  at 
the  time  of  the  passage  of  such  laws,  shall  cease  so  far  as  such 
powers  shall  conflict  with  the  powers  so  conferred  upon  the  rail- 
road commission;  provided,  however,  that  this  section  shall  not 
affect  such  powers  of  control  over  public  utilities  as  relate  to 
the  making  and  enforcement  of  local,  police,  sanitary  and  other 
regulations,  other  than  the  fixing  of  rates,  vested  in  any  city 
and  county  or  incorporated  city  or  town  as,  at  an  election  to  be 
held  pursuant  to  law,  a  majority  of  the  qualified  electors  of  such 
city  and  county,  or  incorporated  city  or  town,  voting  thereon, 
shall  vote  to  retain,  and  until  such  election  such  powers  shall 
continue  unimpaired;  but  if  the  vote  so  taken  shall  not  favor 
the  continuation  of  such  powers  they  shall  thereafter  vest  in 
the  railroad  commission  as  provided  by  law;  and  provided, 
further,  that  where  any  such  city  and  county  or  incorporated 
city  or  town  shall  have  elected  to  continue  any  of  its  powers  to 
make  and  enforce  such  local,  police,  sanitary  and  other  regula- 
tions, other  than  the  fixing  of  rates,  it  may,  by  vote  of  a  majority 
of  its  qualified  electors  voting  thereon,  thereafter  surrender  such 
powers  to  the  railroad  commission  in  the  manner  prescribed  by 


36  EXTRACTS  FROM  THE  CONSTITUTION 

the  legislature;  and  provided,  further,  that  this  section  shall  not 
affect  the  right  of  any  city  and  county  or  incorporated  city  or 
town  to  grant  franchises  for  public  utilities  upon  the  terms  and 
conditions  and  in  the  manner  prescribed  by  law.  Nothing  in 
this  section  shall  be  construed  as  a  limitation  upon  any  power 
conferred  upon  the  railroad  commission  by  any  provision  of  this 
constitution  now  existing  or  adopted  concurrently  herewith. 

ARTICLE  XIII. 
TAXATION  TO  BE  IN    PROPORTION  TO  VALUE. 

SECTION  1.  All  property  in  the  state  except  as  otherwise  in 
this  constitution  provided,  not  exempt  under  the  laws  of  the 
United  States,  shall  be  taxed  in  proportion  to  its  value,  to  be 
ascertained  as  provided  by  law,  or  as  hereinafter  provided.  The 
word  "property,"  as  used  in  this  article  and  section,  is  hereby 
declared  to  include  moneys,  credits,  bonds,  stocks,  dues,  fran- 
chises, and  all  other  matters  and  things,  real,  personal,  and 
mixed,  capable  of  private  ownership;  provided,  that  a  mortgage, 
deed  of  trust,  contract,  or  other  obligation  by  which  a  debt  is 
secured  when  land  is  pledged  as  security  for  the  payment  thereof, 
together  with  the  money  represented  by  such  debt,  shall  not  be 
considered  property  subject  to  taxation;  and  further  provided, 
that  property  used,  for  free  public  libraries  and  free  museums, 
growing  crops,  property  used  exclusively  for  public  schools,  and 
such  as  may  belong  to  the  United  States,  this  state,  or  to  any 
county,  city  and  county,  or  municipal  corporation  within  this 
state  shall  be  exempt  from  taxation,  except  such  lands  and  the 
improvements  thereon  located  outside  of  the  county,  city  and 
county  or  municipal  corporation  owning  the  same  as  were  subject 
to  taxation  at  the  time  of  the  acquisition  of  the  same  by  said 
county,  city  and  county  or  municipal  corporation;  provided, 
that  no  improvements  of  any  character  whatever  constructed  by 
any  county,  city  and  county  or  municipal  corporation  shall  be 
subject  to  taxation.  All  lands  or  improvements  thereon,  belong- 
ing to  any  county,  city  and  county  or  municipal  corporation,  not 
exempt  from  taxation,  shall  be  assessed  by  the  assessor  of  the 
county,  city  and  county  or  municipal  corporation  in  which  said 
lands  or  improvements  are  located,  and  said  assessments  shall 
be  subject  to  review,  equalization  and  adjustment  by  the  state 
board  of  equalization.  The  legislature  may  provide,  except  in 
the  case  of  credits  secured  by  mortgage  or  trust  deed,  for  a 
deduction  from  credits  of  debts  due  to  a  bona  fide  resident  of 
this  state. 

The  provisions  of  this  article  have  no  application  to  assessments  for  local 
improvements.    (Turlock  Irr.  Dist.  v.  Williams,  76  Cal.  360,  18  Pac.  379.) 
The  words  "taxation"  and  "assessments"  do  not  have  the  same  signifi- 
cation.   (Taylor  v.  Palmer  31  Cal.  240.) 


EXTRACTS  FROM  THE  CONSTITUTION  37 

A  license  tax  upon  the  right  to  carry  on  a  particular  trade  or  business, 
imposing  the  same  rate  or  amount  on  all  engaged  in  the  same  business 
regardless  of  the  amount  of  capital  employed  or  profits  earned,  is  a  valid 
exercise  of  the  taxing  power,  and  is  not  a  tax  upon  property  within  the 
meaning  of  this  section.  (Los  Angeles  v.  Los  Angeles,  etc.,  Co.,  152  Gal. 
765,  93  Pac.  1006.) 

UNITED   STATES  ARMY,   NAVY,   MARINE  AND   REVENUE 
SERVICE. 

SEC.  1*4.  The  property  to  the  amount  of  one  thousand  dollars 
of  every  resident  in  this  state  who  has  served  in  the  army,  navy, 
marine  corps,  or  revenue  marine  service  of  the  United  States  in 
time  of  war,  and  received  an  honorable  discharge  therefrom; 
or  lacking  such  amount  of  property  in  his  own  name,  so  much  of 
the  property  of  the  wife  of  any  such  person  as  shall  be  necessary 
to  equal  said  amount;  and  property  to  the  amount  of  one  thousand 
dollars  of  the  widow  resident  in  this  state,  or  if  there  be  no  such 
widow,  of  the  widowed  mother  resident  in  this  state,  of  every 
person  who  has  so  served  and  has  died  either  during  his  term  of 
service  or  after  receiving  honorable  discharge  from  said  service; 
and  the  property  to  the  amount  of  one  thousand  dollars  of 
pensioned  widows,  fathers,  and  mothers,  resident  in  this  state, 
of  soldiers,  sailors,  and  marines  who  served  in  the  army,  navy, 
or  marine  corps,  or  revenue  marine  service  of  the  United  States, 
shall  be  exempt  from  taxation;  provided,  that  this  exemption 
shall  not  apply  to  any  person  named  herein  owning  property  of 
the  value  of  five  thousand  dollars  or  more,  or -where  the  wife 
of  such  soldier  or  sailor  owns  property  of  the  value  of  five  thousand 
dollars  or  more.  No  exemption  shall  be  made  under  the  provisions 
of  this  act  of  the  property  of  a  person  who  is  not  a  legal  resident 
of  the  state.  (Amendment  approved  October  10,  1911.) 

Adding  Section  la  (new)  to  Article  XIII  of  the  constitution 
exempting  from  taxation  the  buildings  and  grounds  within  which 
the  same  are  located,  not  exceeding  100  acres,  equipment, 
securities  and  income  used  exclusively  for  educational  purposes, 
of  any  educational  institution  of  collegiate  grade  within  the  state 
not  conducted  for  profit.  (S.  C.  A.  15,  Stats,  1913,  p.  1684.) 

CHURCHES  EXEMPT  FROM  TAXATION. 

SEC.  1J/2.  All  buildings,  and  so  much  of  the  real  property  on 
which  they  are  situated  as  may  be  required  for  the  convenient 
use  and  occupation  of  said  buildings,  when  the  same  are  used 
solely  and  exclusively  for  religious  worship,  shall  be  free  from 
taxation;  provided,  that  no  building  so  used  which  may  be  rented 
for  religious  purposes  and  rent  received  by  the  owner  therefor, 
shall  be  exempt  from  taxation.  (Amendment  adopted  November 
6,  1900.) 


38  EXTRACTS  FROM  THE  CONSTITUTION 

ORPHANAGES  EXEMPT  FROM   TAXATION. 

SEC.  l%&.  Exempts  from  taxation  all  buildings  and  so  much 
real  property  connected  therewith  as  may  be  required  for  the 
occupation  of  institutions  sheltering  more  than  twenty  orphan  or 
half-orphan  children  receiving  state  aid,  but  provides  that  no 
building,  or  real  or  personal  property,  so  used  which  may  be  rented 
and  the  rent  received  by  the  owner  thereof  shall  be  exempt  from 
taxation. 

Election  November  2,  1920:  Adopted— Yes,  394,014;  No,  371,658. 

PERSONAL  PROPERTY  TO   EXTENT   OF  $100  EXEMPT. 

SEC.  10^.  The  personal  property  of  evejy  householder  to 
the  amount  of  one  hundred  dollars,  the  articles  to  be  selected 
by  each  householder,  shall  be  exempt  from  taxation.  (New 
section  added  by  amendment  approved  November  8,  1904.) 

ALIEN  POLL  TAX. 

SEC.  12.  Requires  the  legislature  to  provide  for  the  levy  of  an 
annual  poll  tax,  and  the  collection  thereof  by  assessors,  of  not 
less  than  four  dollars  on  every  alien  male  inhabitant  of  this  state 
over  twenty-one  and  under  sixty  years  of  age,  except  paupers, 
idiots  and  insane  persons,  such  tax  to  be  paid  into  county  school 
fund  in  county  where  collected. 

Election  November  2,  1920:  Adopted— Yes,  667,924;  No,  147,212. 


TAXES  FOR  STATE  PURPOSES. 

SEC.  14.  Taxes  levied,  assessed  and  collected  as  hereinafter 
provided  upon  railroads,  including  street  railways,  whether 
operated  in  one  or  more  counties;  sleeping-car,  dining-car, 
drawing-roorn  car  and  palace-car  companies,  refrigerator,  oil, 
stock,  fruit,  and  other  car-loaning  and  other  car  companies 
operating  upon  railroads  in  this  state;  companies  doing  express 
business  on  any  railroad,  steamboat,  vessel  or  stage  line  in  this 
state;  telegraph  companies;  telephone  companies;  companies 
engaged  in  the  transmission  or  sale  of  gas  or  electricity;  insurance 
companies;  banks,  banking  associations,  savings  and  loan 
societies  and  trust  companies;  and  taxes  upon  all  franchises  of 
every  kind  and  nature,  shall  be  entirely  and  exclusively  for  state 
purposes,  and  shall  be  levied,  assessed  and  collected  in  the  manner 
hereinafter  provided.  The  word  "companies"  as  used  in  this 
section  shall  include  persons,  partnerships,  joint-stock  associa- 
tions, companies,  and  corporations. 


EXTRACTS  FROM  THE  CONSTITUTION  39 

TAXES  ON  RAILROADS,  EXPRESS  COMPANIES,  TELE- 
GRAPH AND  TELEPHONE  COMPANIES,  GAS  AND 
ELECTRIC  COMPANIES. 

Such  taxes  shall  be  in  lieu  of  all  other  taxes  and  licenses,  state, 
county  and  municipal,  upon  the  property  above  enumerated  of 
such  companies  except  as  otherwise  in  this  section  provided 

ARTICLE  XX. 
OATH   OF   OFFICE. 

SEC.  3.  Members  of  the  legislature,  and  all  officers,  executive 
and  judicial,  except  such  inferior  officers  as  may  be  by  law  exempt, 
shall,  before  they  enter  upon  the  duties  of  their  respective  offices, 
take  and  subscribe  the  following  oath  or  affirmation: 

"I  do  solemnly  swear  (or  affirm,  as  the  case  may  be), 
that  I  will  support  the  constitution  of  the  United  States 
and  the  constitution  of  the  State  of  California,  and  that 
I  will  faithfully  discharge  the  duties  of  the  office  of 

,     according  to  the  best  of  my  ability." 

And  no  other  oath,  declaration,  or  test  shall  be  required  as  a 
qualification  for  any  office  or  public  trust. 

EIGHT  HOURS  A  LEGAL  DAY'S  LABOR. 

SEC.  17.  The  time  of  service  of  all  laborers  or  workmen  or 
mechanics  employed  upon  any  public  works  of  the  State  of 
California,  or  of  any  county,  city  and  county,  city,  town,  district, 
township,  or  other  political  subdivision  thereof,  whether  said 
work  is  to  be  done  by  contract  or  otherwise,  shall  be  limited  and 
restricted  to  eight  hours  in  any  one  calendar  day,  except  in  cases 
of  extraordinary  emergency  caused  by  fire,  flood,  or  danger  to 
life  and  property,  or  except  to  work  upon  public,  military,  or  naval 
works  or  defenses  in  time  of  war,  and  the  legislature  shall  provide 
by  law  that  a  stipulation  to  this  effect  shall  be  incorporated  in 
all  contracts  for  public  work  and  prescribe  proper  penalties  for 
the  speedy  and  efficient  enforcement  of  said  law.  (Amendment 
adopted  November  4,  1902.) 


HOW    TO    ORGANIZE    A    MUNICIPAL 
CORPORATION. 

(See  Sections  1,  2  and  3,   Act  2348,  Deering's  General  Laws.) 

The  procedure  for  incorporating  a  town  is  to  be  found  in 
Chapter  I  of  the  municipal  corporation  act,  a  synopsis  of  the 
same  being  as  follows: 

The  proposed  municipality  must  contain  not  less  than  five 
hundred  inhabitants.  A  petition  signed  by  at  least  fifty  of  the 
qualified  electors  must  be  presented  to  the  board  of  supervisors 
after  the  same  has  been  published  for  at  least  two  weeks,  together 
with  a  notice  of  the  time  when  it  will  be  presented.  The  super- 
visors must  hear  the  petition,  and  may  adjourn  the  hearing  from 
time  to  time  but  not  more  than  two  months  in  all. 

The  board  of  supervisors  shall  then  give  notice  of  an  election 
by  two  weeks  publication.  If  a  majority  vote  in  favor  of  incor- 
porating, the  board  shall  enter  an  order  in  its  minutes  declaring 
such  territory  to  be  incorporated,  and  giving  the  names  of  the 
officers  who,  by  the  way,  are  elected  at  the  same  time.  A  cer- 
tified copy  of  the  order  is  sent  to  the  secretary  of  state  at  Sacra- 
mento, from  and  after  the  filing  of  which  the  incorporation  is 
complete. 

Note. — Complete  forms  used  in  incorporation  proceedings,  including 
petition,  affidavit,  affidavit  of  publication,  form  of  ballot,  order  of  the 
supervisors,  etc.,  together  with  full  instructions,  may  be  procured  upon 
payment  of  a  small  fee.  Address  League  of  California  Municipalities, 
Pacific  Building,  San  Francisco. 

The  provision  of  the  statute  prohibiting  a  petition  for  incorporation 
from  being  continued  for  more  than  two  months  is  not  necessarily  man- 
datory. (Town  of  Larkspur,  16  Cal.  App.  169.) 

The  provisions  in  the  notice  of  an  incorporation  election  as  to  the  duty 
of  the  election  board  to  open  the  polls  at  the  proper  time  are  deemed 
directory,  where  failure  to  comply  strictly  therewith  does  not  affect  the 
result.  (People  v.  Town  of  Larkspur,  16  Cal.  App.  169.) 

The  affidavit  of  three  qualified  electors  filed  with  the  petition  for  incor- 
poration, certifying  to  the  genuineness  of  the  signatures  or  more  than  fifty 
qualified  electors,  is  prima  facie  evidence  of  the  requisite  number  of 
signers,  if  no  other  evidence  is  presented  the  board  of  supervisors  is  bound 
to  determine  that  it  has  jurisdiction  to  make  its  order. 

In  proceedings  f9r  a  writ  to  review  the  action  of  the  board  of 
supervisors  in  granting  a  petition  for  incorporation  a  court  cannot  take 
into  consideration  any  facts  other  than  thoee  which  would  appear  in  a 
return  by  the  board  showing  the  record  of  the  proceedings  before  it,  and 
in  this  case  the  return  would  show  that  the  petition  was  signed  by  the 
requisite  number  of  qualified  electors  and  as  to  that  matter  that  the  board 
had  jurisdiction.  (HofTecker  v.  Board  of  Supervisors,  23  Cal.  App.  405.) 

The  failure  of  the  board  of  supervisors  to  order  certified  copy  of  its  order 
filed  with  the  Secretary  of  State,  and  its  failure  to  ascertain  the  number 
of  inhabitants  within  the  boundaries  of  the  proposed  city,  were  errors  and 
irregularities  which  cannot  be  reviewed  by  writ  of  certiorari.  (Cole  v. 
Board  of  Supervisors  of  Orange  County,  27  Cal.  App.  528.) 

The  order  of  the  board  of  supervisors  calling  the  election  on  the  question 
of  incorporation  may  be  rescinded  by  the  board  at  any  time  before  the 
election  nas  been  held.  (Veinon  v.  Board  of  Supervisors,  142  Cal.  513.) 


ORGANIZING  A  MUNICIPAL  CORPORATION  41 

The  action  of  the  board  of  supervisors  in  canvassing  the  returns  and 
announcing  the  result  is  ministerial  and  cannot  be  reviewed  under  a  Writ 
of  Review.  (Borchard  v.  Board  of  Supervisors,  144  Cal.  10.) 

It  is  sufficient  as  regards  population  if  the  petition  states  the  popula- 
tion "as  nearly  as  the  same  can  be  stated  by  your  petitioners."  (Borchard 
v.  Board  of  Supervisors,  144  Cal.  10.) 

The  affidavit  to  the  petition  must  show  that  the  signatures  are  genuine. 
(People  ex  rel  Boardman  v.  Town  of  Linden,  107  Gal.  94.) 

HOW  TO   CONDUCT  THE  FIRST  MEETING. 

Suggestions  which  may  be  modified  to  suit  the  circumstances 

of  each  particular  case. 

In  case  that  an  election  held  on  the  proposition  of  incorpora- 
tion results  favorably,  the  person  elected  city  clerk  should  write 
and  ask  the  secretary  of  state  to  notify  him  when  the  order  of 
the  board  of  supervisors  declaring  the  result  of  the  election  has 
been  filed  in  his  office.  In  the  meantime  the  trustees  elect  may 
anticipate  the  filing  of  the  order  and  arrange  for  their  first 
meeting.  Upon  receipt  of  word  from  the  secretary  of  state  that 
the  order  has  been  filed  the  clerk  should  take  and  subscribe  to 
the  constitutional  oath  of  office  before  a  notary  or  justice,  and 
place  the  same  on  file. 

The  first  meeting  should  be  called  to  order  by  the  clerk,  where- 
upon he  should  read  a  copy  of  the  order  of  the  board  of  supervisors 
declaring  the  incorporation,  together  with  the  notice  from  the 
secretary  of  state  that  a  certified  copy  of  the  order  has  been 
filed  in  his  office  at  Sacramento.  Then  the  clerk  should  admin- 
ister the  oath  of  office  to  the  trustees  and  other  officers  elect,  and 
have  them  subscribe  to  the  same.  He  should  then  announce  as 
the  first  thing  in  order,  the  nomination  and  election  of  a  president 
of  the  board,  and  when  that  official  has  been  chosen  he  should 
relinquish  the  chair  to  him  and  retire  to  his  own  station. 

Among  the  first  things  to  be  done  by  the  new  board  of  trustees 
is  the  passage  of  an  ordinance  fixing  the  time  and  place  of  official 
meetings,  and  this  should  be  substantially  in  the  following  form: 
ORDINANCE  No.  1. 

An  ordinance  of  the  Town  of fixing  the  time  and  place 

of  official  meetings  of  the  Board  of  Trustees  of  said  town. 

The   Board   of   Trustees   of   the   Town   of do   ordain   as 

follows: 

SECTION  1.    All  official  meetings  of  the  board  of  trustees  of  the  Town 

of will  be  held  at  the hall  on  Main 

Street  between  First  and  Second  Streets  in  said  town,  and  the  regular 
meetings  will  be  held  on  the  first  and  third  Mondays  of  each  month  at 
eight  o'clock  P.  M.  of  said  days. 

SECTION  2.  This  ordinance  is  an  ordinance  for  the  immediate  preser- 
vation of  the  public  peace,  health  and  safety,  and  the  facts  constituting  its 

urgency  are  declared  to  be  as  follows:    The  Town  of has 

just  been  incorporated  and  it  is  imperative  that  the  time  and  place  of 
holding  official  and  regular  meetings  of  the  board  of  trustees  be  fixed  without 
delay  in  order  to  enable  the  transaction  of  the  official  business  of  said  town 
in  a  lawful  manner;  for  which  reason  this  ordinance  shall  go  into  full  force 
and  effect  upon  its  final  passage. 


(Signed) 


President  of  the  Board  of  Trustees  of  the 
Town  of 


42  ORGANIZING  A  MUNICIPAL  CORPORATION 

I,  the  undersigned,  clerk  of  the  Town  of and  ex-officio 

clerk  of  the  beard  of  trustees  of  said  town  hereby  certify  that  the  foregoing 

ordinance  is  a  true  and  correct  copy  of  Ordinance  No of  said 

town  which   was  introduced  at  a  regular   meeting  of  said  board,   held 

,19 ,  and  was  passed ,  19 , 

being  not  less  than  five  days  thereafter,  by  the  following  vote: 

Ayes,  Trustees 

Noes,          " 

I  further  certify  that  said  ordinance  was  thereupon  signed  by 

the  president  of  the  board  of  trustees  of  said  town,  and  was  published 
once  in  the ,  a  newspaper  of  general  circulation  pub- 
lished in  said  town. 

Attest: 

Clerk  of  the  Town  of 

Note. — All  urgency  ordinances  must  be  passed  by  a  four-fifths  vote. 
They  go  into  effect  immediately  upon  their  final  pasfage,  whereas  other 
ordinances  do  not  become  effective  until  thirty  days  after  final  passage. 
(See  Statutes  1915,  p.  319.) 

The  next  business  should  be  the  appointment  of  the  marshal  and  a 
recorder,  and  such  other  officials  as  the  board  of  trustees  may  desire,  such 
as  attorney,  poundmaster,  etc.,  which  may  be  done  by  resolution.  Their 
compensation  should  be  fixed  by  ordinance.  Fixing  the  amount  of  the 
official  bonds  to  be  given  by  the  clerk,  treasurer  and  marshal,  should  be 
attended  to  at  the  first  meeting,  and  this  may  be  done  in  the  same  ordi- 
nance, in  which  case  it  should  be  substantially  as  follows: 
An  ordinance  fixing  the  compensation  for  the  clerk,  treasurer,  marshal, 

and  recorder;  also  the  amount  of  the  official  bonds  required  of  the  first 

three  officials  mentioned. 

The  Board  of  Trustees  of  the  Town  of do  ordain  as 

follows: 

SECTION  1.    The  clerk,  treasurer,  marshal,  and   recorder,  shall  severally 

receive  compensation  at  the  rate  per  month,  as  follows:    Clerk,  $ 

treasurer     $ marshal      $ and    recorder 

S ,  each  respectively. 

SECTION  2.  The  clerk,  treasurer,  and  marshal,  respectively,  before 
entering  upon  the  duties  of  their  respective  offices  shall  each  execute  a 

bond  to  said  town  in  the  following  penal  sums:    Clerk  $ , 

treasurer  $ ,  marshal  S 

SECTION  3.  Add  urgency  clause,  signature  of  president,  and  certificate 
of  clerk. 

Note. — The  officers  may  furnish  surety  bonds  in  which  case  the  cost  of 
the  same  must  be  borne  by  the  municipality.  (See  Section  853  of  the  Muni- 
cipal Corporation  Act  governing  sixth  class  cities  for  the  approval  of  official 
bonds.) 

Another  matter  which  should  be  attended  to  at  the  first  meet- 
ing is  the  adoption  of  rules  for  conducting  the  business  of  the 
board,  which  should  also  be  done  by  ordinance.  The  following 
is  worthy  of  adoption,  subject,  perhaps,  to  modification  to  suit 
local  conditions: 

ORDINANCE  No 

An  Ordinance  Establishing  Rules  for  Conducting  the  Proceedings 

of  the  Board  of  Trustees  of  the of 

,  and  Providing  for  the  Punishment  of 

any  Member  or  any  Person  for  Disorderly  Behavior  at  any 
Meeting  of  said  Board,  also  for  Compelling  the  Attendance  of 
Absent  Members. 


ORGANIZING  A  MUNICIPAL  CORPORATION  43 


The  Board  of  Trustees  of  the of 

do  ordain  as  follows: 

SECTION  1.  At  the  beginning  of  each  term  the  President  of 
the  Board  of  Trustees  shall  appoint  the  following  committees  to 
consist  of  one  member  each  who  shall  be  known  as  Commissioners. 

1.  Commissioner  of  Streets,  Sidewalks  and  Parks. 

2.  Commissioner  of  Health  and  Safety. 

3.  Commissioner  of  Light  and  Water. 

4.  Commissioner  of  Fire  and  Police. 

The  President  of  the  Board  shall  be  the  Commis- 
sioner of  Finance. 

SEC.  2.  All  business  brought  before  the  board  shall  be  re- 
ferred to  the  appropriate  commissioner  for  his  investigation,  report 
and  recommendation  in  reference  thereto,  before  any  action  shall 
be  taken  thereon  by  the  board  as  a  whole,  except  the  business  in 
question  be  of  special  urgency  or  of  such  a  nature  that  it  may 
be  disposed  of  immediately.  Upon  a  four-fifths  vote  of  the 
board  any  commissioner  may  be  required  to  report  his  recom- 
mendations in  writing. 

SEC.  3.  Ordinances  may  be  given  their  first  reading  upon  their 
introduction  by  reading  the  title  only.  Second  reading  shall  be 
in  full  unless  dispensed  with  by  unanimous  vote,  and  the  third 
reading  upon  final  passage  of  the  ordinance  may  be  by  title  only 
unless  a  full  reading  is  again  requested  by  a  majority  of  the 
members. 

SEC.  4.  The  minutes  of  the  Board  of  Trustees  or  journal  of 
their  proceedings  required  to  be  kept  by  the  Clerk  shall  be  neatly 
typewritten  in  a  special  looseleaf  journal  book,  with  each  of  the 
different  kinds  of  business  transacted  set  off  in  paragraphs  with 
proper  sub-heads. 

Until  a  substantial  fire-proof  vault  has  been  provided  for 
keeping  the  public  records,  the  Clerk  shall  keep  the  original 
copies  of  all  ordinances  and,  wherever  possible,  copies  of  all 
other  official  records,  in  a  fire-proof  safe  deposit  box  or  boxes 
which  he  is  hereby  authorized  to  lease  for  that  purpose. 

SEC.  5.  The  Commissioners  of  Finance,  Streets,  Sidewalks 
and  Parks,  and  Water  and  Light,  shall  constitute  the  auditing 
committee  who  shall  examine  and  approve  all  bills  in  writing 
before  the  same  may  be  paid. 


44  ORGANIZING  A  MUNICIPAL  CORPORATION 

SEC.  6.  The  following  shall  constitute  the  order  of  business 
to  be  followed  in  conducting  the  regular  meetings  of  the  board: 

ORDER  OF  BUSINESS: 

1.  Roll  call. 

2.  Minutes  of  previous  meeting. 

3.  Receiving  written  communications. 

4.  Receiving  oral  communications. 

5.  Report  of  special  committees. 

6.  Report  of  Commissioners. 

7.  Unfinished  business. 

8.  Paying  bills. 

9.  New  business. 
10.  Adjournment. 

Any  citizen  may  arise  and  address  the  board  on  any  business 
specially  concerning  them  or  affecting  their  interests,  but  prefer- 
ence will  be  given  to  those  who  have  first  presented  matters  in 
the  form  of  a  written  communication  or  who  have  personally 
notified  the  President  of  the  Board  of  Trustees  of  their  desire 
to  speak. 

The  members  of  the  board  shall  remain  seated  while  partici- 
pating in  discussions  and  at  all  times  during  any  meeting;  they 
shall  address  their  remarks  to  the  President  and  other  members 
of  the  board  and  not  to  the  citizens  who  may  happen  to  be  in 
attendance. 

The  regular  order  of  business  may  be  suspended  by  a  majority 
vote  for  the  accommodation  of  non-residents  who  may  have  busi- 
ness before  the  board,  or  for  any  other  purpose. 

SEC.  7.  Any  member  or  other  person  using  profane,  vulgar, 
loud  or  boisterous  language  at  any  meeting,  or  otherwise  inter- 
rupting the  proceedings,  who  refuse  to  be  seated  or  kept  quiet 
when  ordered  so  to  do  by  the  President  or  President  pro  tern,  of 
the  board,  shall  be  guilty  of  a  misdemeanor,  punishable  by  a  fine 
of  not  to  exceed  Twenty-five  Dollars  or  by  imprisonment  not 
exceeding  ten  days.  It  shall  be  the  duty  of  the  Marshal,  upon 
order  of  the  presiding  officer,  to  eject  any  such  member  or  person 
from  the  boardroom. 

SEC.  8.  In  case  a  quorum  should  not  be  present  at  any  meet- 
ing and  important  business  remains  to  be  transacted  or  disposed 
of,  any  two  members  of  the  board  may  cause  a  written  notice 
to  be  served  personally  upon  the  other  members  directing  their 
immediate  attendance,  whereupon  the  members  receiving  such 
written  notice  shall  be  required  to  attend  immediately  except 
in  case  of  sickness  or  death  in  their  immediate  family,  otherwise 

they  shall  be  liable  to  a  fine,  penalty  or  forfeiture  to  the 

in  the  sum  of  Twenty-five  Dollars,  recoverable  by  a  civil  action 
in  the  Recorder's  Court 


ORGANIZING  A  MUNICIPAL  CORPORATION  "     45 

SEC.  9.  Any  member  of  the  Board  of  Trustees  who  refuses  to 
attend  four  consecutive  meetings,  when  neither  sick  of  absent 

from  the at  the  time  said  meetings  were 

held,  shall  be  deemed  to  have  forfeited  his  title  to  the  office  of 
trustee,  and  the  remaining  members  or  a  majority  thereof  may 
cause  an  action  to  be  brought  in  the  Superior  Court  to  have  his 
office  declared  vacant. 

SEX:.  10.  The  proceedings  of  the  board  shall  be  governed 
under  "Robert's  Rules  of  Order"  on  all  matters  pertaining  to 
parliamentary  law,  but  no  ordinance,  resolution ;  proceeding  or 
other  action  of  the  board,  shall  be  invalidated  or  the  legality 
thereof  otherwise  affected  by  the  failure  or  omission  to  observe 
or  follow  said  rules. 

SEC.  11.     All   notices    of   special   meetings   must  be  delivered 
personally  to  the  members  of  the  Board  of  Trustees  in  the  time, 
form  and  manner  provided  by  law. 
Signed 


President  of  the  Board  of  Trustees. 

HOW  THE  MEMBERS  OP  THE  BOARD  SHOULD  BE  SEATED 
AND  THE  MEETINGS   CONDUCTED. 

The  manner  of  seating  the  members  of  the  Board  of  Trustees  is 
a  matter  of  more  importance  than  may  be  imagined.  In  some 
cases  they  all  sit  in  a  row  on  an  elevated  platform  facing  the  main 
body  of  the  hall.  This  arrangement  is  not  advisable  for  the 
reason  that  when  seated  in  this  manner  they  are  inclined  uncon- 
sciously to  address  their  remarks  to  the  people  who  happen  to  be 
present  in  the  body  of  the  hall  instead  of  confining  the  discussion 
to  their  fellow  members.  As  a  result  the  people  in  the  audience 
are  induced  to  participate  in  the  discussion  and  thereby  become 
part  of  the  legislative  body.  Another  objection  to  the  arrange- 
ment is  the  fact  that  it  offers  a  strong  temptation  to  "play  to  the 
gallery"  so  to  speak.  It  results  in  the  loss  of  much  valuable  time 
and  attracts  a  class  of  persons  to  the  meetings  who  take  delight 
in  hearing  themselves. talk  or  in  heckling  the  members  of  the 
board. 

A  much  better  seating  arrangement  is  to  dispense  with  the 
elevated  platform  and  have  all  the  members  sit  around  a  table, 
together  with  the  clerk,  attorney  and  engineer.  Such  a  table 
should  be  about  three  feet  wide  and  seven  feet  long.  When  seated 
in  this  manner  the  members  will  be  inclined  to  discuss  the  city's 
business  with  each  other  instead  of  discussing  it  with  those  who 
happen  to  be  present  in  the  audience.  The  local  "busybodies" 
and  professional  "kickers"  will  soon  lose  interest  under  such  an 
arrangement  and  seek  other  places  of  amusement.  At  the  same 
time,  this  arrangement  will  not  deprive  those  who  have  any  real 
business  before  the  board  of  an  opportunity  to  be  heard. 


46     .  ORGANIZING  A  MUNICIPAL  CORPORATION 

ROAD  MONEY. 

Another  matter  that  should  be  given  attention  at  the  first 
meeting  is  in  regard  to  the  remission  of  any  road  money  due  the 
town  under  the  provisions  of  section  2656  of  the  Political  Code, 
which  provides  that  whenever  any  territory  forming  part  of  a 
road  district  is  incorporated,  the  unexpended  money  collected 
from  that  portion  of  the  district  must  be  refunded  to  the  munici- 
pality and  turned  into  the  general  fund.  The  attorney  or  clerk 
should  be  authorized  to  take  the  matter  up  with  the  county 
officials  and  after  ascertaining  the  amount,  put  in  a  claim  with 
the  board  of  supervisors. 

BOOKS  AND   STATIONERY. 

The  clerk  should  be  authorized  at  the  first  meeting  to  secure 
such  books  and  stationery  as  required  by  law.  A  specification 
of  most  of  the  books  needed  will  be  found  in  section  878  of  the 
laws  governing  cities  of  the  sixth  class.  It  is  important  that  the 
"ordinance"  book  and  "record"  book  be  well  constructed  and 
strongly  bound.  A  good  loose-leaf  book  is  desirable  as  it  will 
enable  the  ordinances  and  minutes  to  be  typewritten.  It  is  of 
the  utmost  importance  that  the  clerk's  certificate  of  the  pub- 
lishing or  posting  of  each  ordinance  be  set  forth  in  the  ordinance 
book,  otherwise  it  will  not  be  accepted  in  evidence.  (See  Sec. 
878  of  the  laws  of  a  city  of  the  sixth  class.)  The  ordinances 
should  be  well  indexed  and  cross  indexed. 

HOW  TO  KEEP  THE  RECORD  BOOK. 

The  following  will  give  an  idea  of  how  the  record  book  should 
be  kept: 

Regular  Meeting  June  1,  1916. 

A  regular  meeting  of  the  board  of  trustees  of  the  Town  of 
Crockett,  was  held  on  the  above  given  date.  The  meeting  was 
called  to  order  at  the  hour  of  8.10  P.  M.,  President  Smith  in  tli<> 
chair. 

Trustees  Smith,  Jones,  Brown  and  Thompson  answered  the  roll 
call;  absent  Trustee  Doe. 

The  minutes  of  the  previous  regular  meeting  of  May  20,  1916. 
were  read  and  approved. 

A  written  communication  was  received  from  the  Booster  Im- 
provement Club  asking  for  the  installation  of  two  more  lights 
in  the  Booster  Tract.  The  communication  was  referred  to  the 
Commissioner  of  Light  and  Water. 

Under  the  head  of  oral  communications,  Mr.  Richard  Roe 
addressed  the  board  and  asked  that  some  measures  be  taken  to 
enforce  the  construction  of  cement  sidewalks  on  the  north  side 
of  First  Street  between  A  and  B  Streets.  The  communication 


ORGANIZING  A  MUNICIPAL  CORPORATION  47 

was  referred   to   the   Commissioner  of  Streets,   Sidewalks  and 
Parks. 

Trustee  Jones,  for  the  special  committee  on  fire  department 
organization  reported  that  the  work  of  organizing  was  going  on 
favorably  and  that  the  committee  hoped  to  have  the  organiza- 
tion completed  in  about  ten  days. 

Trustee  Brown,  for  the  special  committee  on  furniture  and 
supplies  for  the  town  hall,  reported  that  all  the  goods  had  been 
delivered  in  accordance  with  the  contract  and  were  satisfactory 
in  every  particular.  He  therefore  asked  that  the  committee  be 
discharged,  as  the  work  for  which  it  had  been  appointed  was 
completed.  On  motion  of  Trustee  Thompson,  seconded  by 
Trustee  Jones,  the  committee  was  discharged. 

Under  the  head  of  Report  of  Commissioners,  a  written  report 
was  received  from  Trustee  Doe,  Commissioner  of  Light  and 
Water,  to  the  effect  that  he  had  interviewed  the  superintendent 
of  the  water  company,  who  agreed  to  install  a  hydrant  on  First 
Street  between  A  and  B  Streets  as  requested  by  the  board.  The 
other  commissioners  had  no  report  to  submit. 

Under  the  head  of  New  Business,  President  Smith  called  the 
board's  attention  to  the  need  of  paving  Main  Street.  After  con- 
siderable discussion  the  matter  was  referred  to  the  Commissioner 
of  Streets,  Sidewalks  and  Parks,  with  the  request  that  he  discuss 
the  matter  with  the  property  owners  and  report  at  the  next 
meeting. 

The  new  ordinance  providing  for  the  assessment,  levy  and  col- 
lection of  taxes  was  then  read  for  the  third  and  last  time  and  placed 
on  final  passage,  whereupon  said  ordinance  numbered  Ordinance 
No.  4,  entitled  "An  ordinance  providing  for  the  assessment, 
levy  and  collection  of  taxes"  was  passed  by  the  following  vote, 
to  wit: 

Ayes,  Trustees  Jones,  Brown,  Thompson  and  President  Smith. 

Noes,  none. 

Absent,  Trustee  Doe. 

The  following  bills  were  then  ordered  paid  and  a  warrant  drawn 
on  the  treasury  for  the  respective  amounts: 

Pleasant  Valley  Water  Company $40.00 

The  Gutta  Percha  &  Rubber  Mfg.  Co 50.00 

Total $90.00 

There  being  no  further  business,  on  motion  of  Trustee  Jones, 
seconded  by  Trustee  Brown,  the  meeting  adjourned. 

Respectfully  submitted, 
SARAH  WILKINS, 

Clerk. 

Approved,  June  15,  1916. 
JOHN  SMITH, 

President,  Board  of  Trustees. 


HOW  TO  ANNEX  NEW  TERRITORY. 

Three  different  laws  are  provided  for  annexing  new  territory  to 
municipalities.  The  one  known  as  Act  2374  was  enacted  in  1889. 
(See  Stats.  1889,  page  358.)  It  was  amended  in  1905  (p.  551)  and 
again  in  1911  (pp.  857  and  1459).  A  synopsis  of  the  procedure 
laid  down  in  this  act  is  as  follows: 

A  written  petition  containing  a  description  of  the  territory 
proposed  to  be  annexed,  and  signed  by  not  less  than  one-fifth  of 
the  qualified  voters  of  the  city  or  town,  must  be  presented  to  the 
board  of  trustees. 

The  board  of  trustees  then  call  a  special  election  submitting 
the  proposition  to  the  electors  within  the  municipality  and  also 
to  the  electors  residing  in  the  territory  proposed  to  be  annexed, 
after  notice  by  publication.  The  trustees  appoint  the  election 
officers  for  the  occasion,  those  for  the  outside  territory  being 
electors  thereof. 

If  a  majority  vote  is  cast  in  the  town  and  also  in  the  outside 
territory,  in  favor  of  the  annexation,  the  board  of  trustees  causes 
a  certified  copy  of  a  record  of  the  vote  to  be  sent  to  the  secretary 
of  state,  from  and  after  the  date  of  filing  which,  the  annexation 
is  complete. 

NOTE. — Approved  forms  (complete)  used  in  annexation  proceedings 
under  this  act,  including  the  petition,  order  calling  election,  and  other 
proceedings,  together  with  full  instructions  for  using  the  same,  will  be 
mailed  to  any  municipality  belonging  to  the  League  free  of  charge.  A 
charge  of  $25.00  per  set  will  be  made  to  towns  not  members  of  the  League. 

In  1913  the  legislature  passed  another  act  for  annexing  new 
territory  to  municipalities  which  differs  from  the  act  of  1889  in 
the  fact  that  it  provides  for  an  election  to  be  held  first  in  the 
outside  territory  and  the  question  decided  there  before  an  election 
is  held  in~the  municipality.  This  act  avoids  the  necessity  of  their 
holding  a  special  election  unless  the  proposition  is  first  decided 
favorably  in  the  territory  proposed  to  be  annexed.  In  other 
respects  this  act  is  similar  to  the  act  of  1889.  It  is  known  as 
Act  2374A,  see  Stats.  1913,  page  587,  and  was  amended  in  1915, 
p.  305. 

NOTE. — Approved  forms  (complete)  used  in  annexation  proceedings 
under  this  act,  including  the  petition,  order  calling  election,  and  other 
proceedings,  together  with  full  instructions  for  using  the  same,  will  be 
mailed  to  any  municipality  belonging  to  the  League,  free  of  charge.  A 
charge  of  $25.00  per  set  will  be  made  to  towns  not  members  of  the  League. 

The  other  act  referred  to  provides  for  the  annexation  of  uninhab- 
ited territory.  It  is  known  as  the  act  of  1899  and  will  be  found  in 
the  statutes  of  that  year  on  page  37.  The  procedure,  which  is 
very  different  from  that  of  the  two  other  acts,  is  as  follows: 


How  TO  ANNEX  NEW  TERRITORY  49 

A  petition,  containing  a  description  of  the  territory  proposed 
to  be  annexed,  and  signed  by  not  less  than  one-tenth  of  the 
electors  of  the  municipality  is  filed  with  the  city  council  which 
body  must  thereupon  notify  the  board  of  supervisors  of  the  county. 
The  supervisors  then  publish  a  notice  of  the  proposed  annexation 
and  announcing  a  time  and  place  for  hearing  objections. 

Any  owner  of  land  may  file  written  objections  and  if  the  owners 
of  one-half  the  territory  or  owners  of  any  single  tract  of  five  acres 
in  extent  file  such  objections  the  matter  is  dismissed  and  cannot 
be  taken  up  again  for  one  year.  If  no  protests  are  filed  or  those 
filed  are  overruled,  the  legislative  body  of  the  municipality  is 
authorized  to  call  an  election  to  determine  the  question.  If  the 
election  results  favorably,  a  certified  copy  of  the  result  is  trans- 
mitted to  the  secretary  of  state  from  and  after  which  the  annexa- 
tion is  complete. 

NOTE. — Approved  forms  (complete)  used  in  annexation  proceedings 
under  this  act,  including  the  petition  and  other  documents  required, 
together  with  full  instructions  for  using  them,  will  be  mailed  to  any 
municipality  belonging  to  the  League.  A  charge  of  $25.00  per  set  will  be 
made  to  towns  not  members  of  the  League. 

HOW  TO  EXCLUDE  TERRITORY. 

There  are  two  laws  providing  procedure  for  excluding  territory 
from  municipalities,  one  for  excluding  inhabited  territory  and 
the  other  for  excluding  uninhabited  territory.  The  first  is  known 
as  Act  2375  and  was  enacted  in  1889.  (See  Stats.  1889,  p.  433; 
it  was  amended  in  1905,  p.  715.)  A  synopsis  of  the  procedure  is 
as  follows: 

A  written  petition  signed  by  not  less  than  a  majority  of  the 
qualified  electors  of  the  city  or  town  must  be  presented  to  the 
board  of  trustees,  whereupon  said  board  must  submit  the  question 
at  a  special  election  to  be. held  for  that  purpose  after  four  weeks' 
notice  by  publication  in  a  newspaper.  The  votes  cast  in  the 
territory  proposed  to  be  excluded  must  be  canvassed  separately, 
and  the  proposition  must  secure  a  majority  vote  there  and  in 
the  other  portion  of  the  city,  in  which  case  an  abstract  of  the 
vote  must  be  transmitted  to  the  secretary  of  state,  from  and  after 
the  filing  of  which  the  exclusion  is  complete.  For  adjusting  the 
debt  of  excluded  territory,  see  1822C-1822F  Code  of  Civil  Proced- 
ure. 

The  law  which  provides  a  procedure  for  the  exclusion  of  unin- 
habited territory  is  known  as  Act  2379A  and  was  enacted  in  1913. 
(See  Stats.  1913,  p.  703.)  A  synopsis  of  the  procedure  provided 
in  this  act  is  as  follows: 

A  written  petition  signed  by  not  less  than  one-tenth  of  the 
qualified  electors  of  the  city  or  town  must  be  presented  to  the 


50  How  TO  ANNEX  NEW  TERRITORY 

board  of  trustees,  whereupon  said  board  must  notify  the  board 
of  supervisors  of  the  county.  Upon  receipt  of  such  notification 
the  board  of  supervisors  must  publish  a  notice  setting  forth  a 
description  of  the  land  proposed  to  be  excluded  and  the  time  and 
place  for  hearing  objections.  Any  owner  of  any  of  the  land 
sought  to  be  excluded  may  file  a  written  remonstrance.  At  the 
time  set  for  the  hearing,  the  board  of  supervisors  shall  hear  the 
objections,  and  unless  objections  are  filed  by  the  owners .  of 
one-half  said  land,  the  decision  of  the  board  of  supervisors  shall 
be  final  and  conclusive.  If  the  owners  of  more  than  one-half  the 
land  sought  to  be  excluded  file  objections,  such  objections  shall 
be  sustained  and  be  a  bar  to  further  proceedings  for  one  year. 

In  the  event  that  no  objections  are  filed  or  that  those  filed  are 
overruled  by  the  supervisors,  then  the  board  of  trustees  of  the 
city  or  town  shall  submit  the  question  to  the  qualified  electors 
of  such  city  or  town  at  a  special  election  held  for  that  purpose 
after  two  weeks'  publication  of  the  notice  thereof.  If  a  majority 
vote  in  favor  of  exclusion  the  city  clerk  shall  transmit  to  the 
secretary  of  state  a  copy  of  the  report  so  entered  upon  his 
minutes,  from  and  after  the  filing  of  which  the  exclusion  is  com- 
plete. Under  this  act  the  municipality  may  thereafter  continue 
to  levy  a  tax  in  the  excluded  territory  for  any  debts  previously 
contracted. 

NOTE. — Approved  forms  (complete)  used  in  exclusion  proceedings  under 
these  two  acts,  including  the  petition  and  other  papers,  together  with  full 
instructions  for  using  the  same,  will  be  mailed  to  any  municipality  belong- 
ing to  the  League  tree  of  charge.  A  charge  of  $25.00  per  set  will  be  made 
to  towns  not  members  of  the  League. 


MUNICIPAL  AND  FINANCE  ACCOUNTS.  • 
By  WILLIAM  DOLGE,  C.  P.  A. 

PURPOSE. — To  concentrate  into  a  few  clear  and  concise  state- 
ments a  complete  expression  of  the  operations  and  the  conditions 
of  an  undertaking, — that  is  the  purpose  of  an  efficient  accounting 
procedure.  A  municipal  government  administered  without  the 
information  that  can  be  derived  only  from  correct  accounts,  is 
an  administration  led  or  misled  by  fear  or  favor,  by  guess-work, 
by  prejudice  and  by  superstition.  Honest  accounting  is  not 
necessarily  correct  accounting,  nor  scientific  accounting.  Every 
dollar  disbursed  by  the  Treasurer  may  be  honestly  accounted, 
yet  so  recorded  as  to  lead  to  wrong  conclusions.  A  good  account- 
ing system  need  not  be  complicated.  The  test  of  a  good  account- 
ing system  is  the  simplicity  of  its  operation. 

Municipal  accounting  is  a  special  branch  of  accounting,  just 
as  municipal  law  is  a  special  branch  of  the  law.  Competent 
counsel  in  accounting  matters  will  save  the  Trustees,  and  all 
officials,  and  especially  the  Clerk  or  Auditor  much  time  and 
trouble. 

STATUTORY  AND  CHARTER  PROVISIONS. — The  statutory  pro- 
visions applying  to  cities  of  the  sixth  class,  General  Laws.  Act 
2348,  Sections  850  to  886,  are  easily  understood,  and  the  principles 
are  applicable  alike  to  cities  large  and  small,  to  cities  incorporated 
under  the  general  laws  or  under  freeholder  charter.  The  im- 
portant sections  are: 

SECTION  864 — DEMANDS. — All  demands  shall  be  presented  to 
and  audited  by  the  Board  of  Trustees,  in  accordance  with  such 
regulations  as  they  may  by  ordinance  prescribe.  Upon  allowance 
a  warrant  shall  be  drawn  on  the  Treasurer,  signed  by  the  President 
and  countersigned  by  the  Clerk.  The  warrant  shall  specify  for 
what  purpose  it  is  drawn,  and  out  of  what  fund  it  is  payable. 
The  affidavit  is  not  necessary. 

NOTE— A  model  form  of  Demand  and  Warrant  may  be  obtained  by  writi  UK  to 
League  Headquarters,  Pacific  Building,  San  Francisco. 

FINANCIAL  AND  ACCOUNTING  PROCEDURE. — The  financial  prob- 
lem of  the  officials  of  a  city  is  to  expend  wisely  the  moneys 
received  from  taxes,  licenses  and  other  sources.  The  revenues 
(estimated  receipts)  for  any  given  fiscal  year  may  be  determined 
with  a  remarkable  degree  of  accuracy  many  months  in  advance 
of  their  expenditure.  The  bulk  of  the  revenues  are  derived  from 
taxes  and  licenses,  hence  the  program  of  expenditures  should  be 


52  ACCOUNTING  SYSTEM 

carefully  made  up  in  the  greatest  possible  detail,  keeping  well 
within  the  estimated  revenues,  and  allowing  an  ample  margin 
for  unforeseen  contingencies  in  order  to  prevent  a  deficit,  a  viola- 
tion of  the  provisions  of  Article  11,  Section  18  of  the  Constitution. 
This  is  best  accomplished  by  preparing  a  budget,  which  may  or 
may  not  be  incorporated  in  the  accounts. 

BUDGET. — A  budget  is  a  financial  statement  of  the  estimated 
revenues  and  estimated  expenditures  of  a  city  for  a  fiscal  year. 
The  budget  accounts  should  follow  the  classification  laid  down 
by  the  State  Controller  and  the  United  States  Census  Bureau,  in 
order  to  facilitate  the  preparation  of  reports,  and  to  permit 
comparison  with  other  cities. 

The  following  is  a  standard  form  of  budget  for  a  small  city. 
In  larger  cities  the  account  classification  should  appear  in  greater 
detail : 


ACCOUNTING  SYSTEM 


53 


TOWN   OF  HAYWARD. 

Budget  for  the  Fiscal  Year  Ending  March  31,  1917. 

REVENUES. 
TAXES: 

Real  Property $2,170,000 

Unsecured  Personal          95,000 

TOTAL  TOWN $2,265,000  @  $1.10  $24,915.00 

Operative  Property.       188,000  @      .16  300.80 

TOTAL  ASSESSED 

VALUATION $2,453,000 

LICENSES  : 

Liquor,  18  @  $200.00 $3,600.00 

Business 2,800.00 

Dog 100.00 

FINES:     Recorder 50.00 

FRANCHISES:     S.  F.  Oakland  Terminal  Ry.  300.00 

MISCELLANEOUS  RECEIPTS: 

Hayward  High  School— Sewer  Rental ...  $      25.00 

Hayward  Land  Company                "       ...  25.00 

Interest  on  City  Moneys  in  Bank 300.00 

350.00 

UNCOLLECTED  REVENUE,  1915-1916: 

State  Refund  on  Taxes $    300.20 

Bank  Interest  for  March 20.00 

Delinquent  Taxes  and  Penalties 100.00 

Uncollected  Licenses 80.00 

500.20 

TOTAL  ESTIMATED  REVENUES $32,916.00 

BALANCE  CASH  IN  TREASURY: 

General  Fund $7,900.00 

Library  Fund 1,500.00 

Bond  Interest  and  Redemption  Fund. . . .      3,800.00 

13,200.00 

TOTAL  ESTIMATED  AMOUNT  AVAIL- 
ABLE, 1916-1917 $46,116.00 


54 


ACCOUNTING  SYSTEM 


EXPENDITURES. 
Expenditures  for  General  Government. 

BOARD  OF  TRUSTEES:  $     820.00 

Printing  Ordinances $    350.00 

Audit  of  Accounts 200.00 

Dues  League  of  California  Municipalities          20.00 
Contingent 250.00 

CLERK'S  OFFICE 850.00 

Clerk's  Salary,  12  Mos.  @  $50.00 $    600.00 

Compiling  Assessment 150.00 

Stationery  and  Contingent 100.00 

MARSHAL,  TAX  AND  LICENSE  COLLECTOR.  .  1,250.00 

Salary,  12  Mos.  @  $90.00 $1,080.00 

Stationery  and  Contingent 170.00 

TREASURER 300.00 

Salary,  12  Mos.  @  $20.00 $    240.00 

Rent  of  Safe  Deposit,  etc 60.00 

RECORDER 80.00 

Salary,  12  Mos.  @  $5.00 $      60.00 

Contingent 20.00 

ATTORNEY 710.00 

Salary,  12  Mos.  @  $50.00 $    600.00 

Contingent 110.00 

ENGINEER 500.00 

Fees $   400.00 

Contingent 100.00 

ELECTIONS 250.00 

BUILDINGS 300.00 

Rent  of  Town  Hall $    120.00 

Janitor  Service 120.00 

Light,  Heat  and  Water 60.00 

MISCELLANEOUS 740.00 

Compensation  Insurance $    240.00 

Premium  on  Official's  Bonds 100.00 

Contingent 200.00 

Convention  Expenses  of  Delegates 200.00 

TOTAL  GENERAL  GOVERNMENT,  For- 
ward to  Summary $5,800.00 


ACCOUNTING  SYSTEM 


55 


Expenditures  for  Protection  to  Person  and  Property. 

POLICE  DEPARTMENT $  1,100.00 

Salary— Nigh twatchman $    900.00 

Deputies'  Fees 200.00 

FIRE  DEPARTMENT 4,500.00 

Salary  Fire  Marshal $    240.00 

Salary— Driver  and  Relief 1,030.00 

Gasoline  and  Oil 100.00 

Maintenance  and  Repairs 250.00 

Hydrant  Rental  @  $200.00  month 2,400.00 

Fire  House  Maintenance 120.00 

25  Volunteer  Firemen 250.00 

Contingent 110.00 

CHEMICAL  HOSE  AND  MOTOR  TRUCK 2,650.00 

POUND — Poundman's  Fees 150.00 

TOTAL  PROTECTION  PERSON  AND 
PROPERTY,  Forward  to  Sum- 
mary   $  8,400.00 

Health  Conservation  and  Sanitation. 

HEALTH  DEPARTMENT $     400.00 

Salary  Health  Officer $300.00 

Contingent 100.00 

SEWER  CLEANING  AND  REPAIRS,  Labor  and 
Supplies 

REFUSE  COLLECTION 2,000.00 

Street  Cleaning $1,400.00 

Extra  Labor  and  Supplies 600.00 

TOTAL  HEALTH   CONSERVATION  AND   SANI- 
TATION, Forward  to  Summary.  $  2,900.00 

Highways. 

STREETS  AND  SIDEWALKS $  8,300.00 

Maintenance  and  Repairs $4,500.00 

Sprinkling  Labor 800.00 

Sprinkling  Water 700.00 

Contingent 300.00 

Street  Lighting 2,000.00 

TOTAL     HIGHWAYS,     Forward     to 

Summary $  8,300.00 


ACCOUNTING  SYSTEM 


Charities,  Corrections  and  Recreation. 

CHARITIES— Ca*re  of  Poor $      100.00 

CORRECTIONS: 
Care  of  Jail,  Prisoners,  Lighting,  etc ....  100.00 

RECREATION: 

Salary  of  Gardener  @  $50.00 $    600.00 

Water  Supplies,  Tools,  etc 300.00 

TOTAL  CHARITIES,  CORRECTIONS 
AND  RECREATION,  Forward  to 
Summary $  1,100.00 

Miscellaneous. 

PROMOTION $     500.00 

EXPENDITURES,  1915-1916 500.00 

March,  1916,  bills  not  paid $    300.00 

Attorney's  Fees,  1916  Bond  Issue 200.00   

TOTAL    MISCELLANEOUS,    Forward 

to  Summary $  1,000.00 

Library  Fund. 

EDUCATION — LIBRARY $  2,400.00 

Salary  Librarian $    720.00 

Salary  Assistant  Librarian 240.00 

Salary  Janitor 120.00 

Salary  Gardener 60.00 

Light,  Heat  and  Water 112.00 

New  Books 350.00 

New  Equipment 750.00 

Contingent 48.00 

TOTAL    EDUCATION,     Forward    to 

Summary   I  2,400.00 

Bond  Interest  and  Redemption  Fund. 

BOND  INTEREST $  2,960.00 

Issue  of  1893 $   960.00 

Issue  of  1908 1,350.00 

Issue  of  1913 650.00   

BOND  REDEMPTION 3,000.00 

Issue  of  1893 1,000.00 

Issue  of  1908 1,000.00 

Issue  of  1913 1,000.00  

TOTAL  BOND  INTEREST  AND  RE- 
DEMPTION, Forward  to  Sum- 
mary   $  5,960.00 


ACCOUNTING  SYSTEM  57 

Summary  of  Expenditures. 

GENERAL  FUND $27,500.00 

General  Government $5,800.00 

Protection  of  Personal  Property 8,400.00 

Health  Conservation  and  Sanitation 2,900.00 

Highways 8,300.00 

Charities,  Correction  and  Recreation 1,100.00 

Miscellaneous 1,000.00 


LIBRARY  FUND 2,400.00 

LIBRARY  FUND — Education — Library 2,400.00 

BOND  INTEREST  AND  REDEMPTION  FUNDS..  5,960.00 


TOTAL  ESTIMATED  EXPENDITURES, 

1916-1917 $35,860.00 


Final  Budget  Summary. 

Total  Estimated  Revenues $32,916.00 

Add  Cash  in  Treasury,  April  1,  1916 13,200.00 


Total  Estimated  Amount  Available  for  1916-1917      $46,116.00 
Deduct  Total  Estimated  Expenditures 35,860.00 


Total  Estimated  Balance;  March  31,  1917 $10,256.00 


This  large  balance  or  surplus  of  $10,256.00  is  required  in  Hay- 
ward  because  the  fiscal  year  ends  March  31st  and  taxes  are  not 
collected  until  October  and  November.  Sufficient  money  must 
be  on  hand,  which  together  with  the  receipts  from  licenses  will 
take  care  of  current  demands  from  April  to  November,  or  until 
the  tax  money  is  available. 

FUNDS. — The  creation  of  special  funds  for  salaries,  streets, 
sewers,  lighting,  fire,  health,  hospitals,  etc.,  is  a  clumsy  expe- 
dient to  classify  disbursements  and  should  be  discouraged.  Only 
those  funds  should  be  established  which  are  mandatory  by  law, 
i.  e.,  Library,  Bond  Interest  and  Redemption  and  such  funds  as 
may  be  specially  prescribed  by  the  local  freeholder  charter. 
The  multiplication  of  funds  handicaps  the  administration  of  the 
finances  by  the  board  of  trustees,  sometimes  seriously  delaying 
urgently  necessary  public  work,  increases  the  clerical  work  of 
the  treasurer  and  of  the  clerk  or  auditor,  clouds  the  statement 
of  expenditures,  and  serves  no  purpose  which  cannot  be  much 
better  served  by  a  simple  procedure  incorporating  the  budget 
in  the  accounts. 


58  ACCOUNTING  SYSTEM 

BOOKS,  FORMS  AND  REPORTS. — The  accounting  of  a  municipality 
is  primarily  an  accounting  of  cash  receipts  and  disbursements. 
The  number  of  books,  forms  and  reports  required  depends  upon 
the  volume  and  nature  of  the  financial  transactions.  The  records 
are  public  records,  hence  should  be  of  best  quality.  Paper  and 
binding  should  correspond  to  the  importance  and  use  of  the 
record. 

RECEIPTS. — One  general  form  should  be  used  for  all  receipts, 
except  for  payment  of  taxes  and  license  fees,  so  that  the  public 
may  become  accustomed  to  receiving  the  same  kind  of  a  receipt, 
no  matter  what  the  nature  of  the  payment,  or  to  what  official 
paid.  The  receipt  form  should  be  in  quadruplicate: 

(a)  Original  to  party  making  payment. 

(b)  Duplicate  to  Clerk  or  Auditor. 

(c)  Triplicate  (tissue)  to  be  retained  by  official  issuing  receipt. 

(d)  Quadruplicate  to  Treasurer. 

All  receipts  should  be  numbered  by  printer,  should  allow  ample 
space  for  description  of  the  nature  of  the  amount  collected,  from 
whom  received,  by  whom  received,  date  of  receipt,  and  fund 
affected.  Receipt  books  should  be  issued  by  the  clerk  or  auditor 
to  the  officials  making  collections.  Spoiled  receipts  should  be 
cancelled  and  the  spoiled  original,  duplicate  and  quadruplicate 
filed  with  clerk. 


THE  FOLLOWING  PROPERTY  IS  ASSESSED  TO 

EVERY  CITY-TAX  BILL  1916 

1.  COLLECTEM-CITY  TAX  COLLECTOR 

First  Installment  Due  Oct.  13.  1916, 
Delinquent  Nov.  24,   1916 

Second    Installment  Due  Jan.  5, 
1917,  Delinquent  April  27,  1917. 

Received  Amount  Indicated  Below  for  2nd  Installment 

BRING    THIS    BILL   WHEN    PAYING 
SECOND    INSTALLMENT 

ASSESSED  VALUE  Of  PROPERIY 

TOTAL   TAX                       ,..firS«,T                      ,„,*"!«« 

REAL  ESTATE     $            ( 
IMPROVEMENTS  $                         ( 

PERSONAL        $  

+  +  +     +  + 

15%  added  to  1st  Installment  Nov.  24,  1916 
5%  added  to  1st  Installment  Apr.  27,  1917 
5%  added  to  2nd  Installment  Apr.  27,  191  7 
Advertising  Costs  Added  June  15,  1917 

+  +  +     +  + 

+  +  +     +  + 

+  +  +     +  + 

+  +  +  '+  + 

+  +  +     +  + 

TAX   RATE 
GENERAL  FUND                      $1.00 

Received  Above  Amount  for  first  Installment 

BOND  FUND                               .12 

LIBRARY  FUND                          .08 

TOTAL  TAX                   $1.20 

60  ACCOUNTING  SYSTEM 

FORM  3. 

TAX  BILL. — There  are  57  counties  and  over  200  cities  in  Cali- 
fornia, using  at  least  100  different  forms  of  tax  bills,  ranging  in 
size  from  5  inches  by  8  inches  to  a  blanket  24  inches  by  38  inches. 
A  form  complying  with  all  legal  requirements,  labor-saving, 
condensed,  easily  understood  by  the  tax-payer,  shown  in  Form  3, 
is  recommended  for  adoption.  This  tax  bill  form  is  patented, 
but  permission  to  use  it  without  payment  of  royalty  may  be 
secured  from  the  patentee. 

APPROPRIATION  STATEMENT. — Where  the  budget  is  incorporated 
in  the  accounts,  and  this  is  always  recommended,  the  trial  bal- 
ance of  the  appropriation  ledger  will  serve  as  the  Appropriation 
Statement,  which  is  the  Report  of  Appropriations,  Expenditures, 
and  Balances  and  Overdrafts.  Each  account  is  listed  by  account 
number,  page,  name,  amount  of  budget  appropriation,  amount 
expended,  balance  or  overdraft.  This  statement  is  prepared 
monthly  for  submission  to  the  Board  of  Trustees. 

As  a  guide  to  the  proper  administration  of  the  finances  of  a  city,' 
and  as  a  record  to  facilitate  the  preparation  of  reports  to  the  Board 
of  Trustees,  the  public,  the  State  Controller  and  the  U.  S.  Census 
Bureau,  the  value  of  the  appropriation  ledger  and  its  monthly 
trial  balance  (statement)  cannot  be  overestimated. 

OTHER  REPORTS. — Where  there  are  municipally  owned  water 
works,  electric  light  plants,  docks,  etc.,  competent  accounting 
advice  should  be  sought  for  the  installation  of  a  simple  and  scien- 
tific system.  The  accounts  should  be  classified  in  accord  with 
the  classifications  adopted  by  the  Railroad  Commission  of  Cali- 
fornia for  privately  owned  public  utilities. 

BOOKS. — These  are  considered  under  the  captions  affecting  the 
several  officers. 

TREASURER. — Section  876,  Act  2348,  General  Laws. — The  Treas- 
urer is  the  custodian  of  the  municipal  funds.  He  must  give  dupli- 
cate receipts,  one  to  the  depositor,  one  to  be  filed  with  the  Clerk. 
(See  Receipts.)  Although  the  act  permits  quarterly  settlements, 
most  city  treasurers  make  monthly  settlements,  i.  e.,  reconcile 
and  agree  their  accounts  with  those  of  the  Clerk  or  Auditor. 
The  Treasurer  should  be  paid  a  salary.  Compensation  on  the 
fee  basis  is  unsatisfactory  and  leads  to  unnecessary  complica- 
tions. All  moneys  received  by  city  officials  should  be  deposited 
with  the  Treasurer  daily.  .(Sec.  16,  Art.  11.  Constitution.) 

TREASURER'S  BOOKS. — These  may  be  confined  to  a  register  of 
receipts  and  a  register  of  warrants  paid,  each  with  as  many 
columns  as  there  are  funds.  These  are  the  Treasurer's  cash 
books,  and  the  balance  should  agree  with  the  cash  on  hand  and 
in  bank.  Where  there  are  many  funds  it  will  be  found  more  con- 
venient to  keep  a  ledger  account  with  each  fund,  and  to  post 


ACCOUNTING  SYSTEM  61 

receipts  and  disbursements  from  the  respective  registers  to  the 
ledger  accounts. 

TREASURER'S  DEPOSITS. — The  city  moneys  may  be  deposited 
in  banks  which  must  pay  at  least  2%  interest  on  the  daily  balance 
and  furnish  state,  county,  city  or  district  bonds  as  security  to 
an  amount  10%  in  excess  of  the  deposit.  Many  treasurers, 
instead  of  paying  warrants  in  cash,  enter  the  warrant  on  the 
register  of  disbursements  and  stamp  across  the  face  of  the  warrant 
"Accepted,  (date)  Payable  at  First  National  Bank,  John  Doe, 
Treasurer."  This  method  reduces  the  Treasurer's  clerical  work 
to  a  minimum.  At  the  end  of  the  month  the  paid  warrants  are 
returned  by  the  bank  like  ordinary  commercial  checks.  Treas- 
urers and  other  city  officers  must  not  "use  public  moneys  for  any 
purpose  not  authorized  by  law."  Violation  is  a  felony.  (Con- 
stitution, Sec.  17,  Art.  11.) 

TREASURER— BOND  INTEREST  AND  REDEMPTIONS. — For  the 
proper  filing  of  bond  interest  coupons  and  redeemed  bonds  an 
^invoice  book  or  scrap  book  should  be  secured  in  which  a  page  is 
"allotted  to  each  bond,  and  the  opposite  page  to  the  coupons  of 
that  bond.  Redeemed  coupons  and  bonds  should  be  cancelled 
by  perforation,  and  pasted  in  the  scrap  book. 

ASSESSOR. — Section  877,  Act  2348,  General  Laws. — It  is  the 
duty  of  the  Assessor  to  make  out  a  true  list  of  all  taxable  property 
within  the  city,  between  the  first  Monday  in  March  and  the 
first  day  of  August  of  each  year.  Unless  otherwise 
prescribed  by  ordinance,  the  assessment  roll  shall  be 
made  up  in  conformity  to  the  laws  governing  the  procedure  for 
County  Assessors.  The  list  (or  roll)  shall  describe  the  property 
assessed,  the  value  thereof  and  shall  contain  all  other  matters 
required  to  be  stated  in  such  lists  by  County  Assessors.  It  must 
be  deposited  with  the  Clerk  on  or  before  August  1st  of  each  year. 
Most  assessment  rolls  for  cities  contain  a  great  deal  of  unneces- 
sary information  and  are  large  and  cumbersome  and  expensive 
books.  The  use  of  the  addressing  machine  for  assessment  rolls 
and  the  tax  bills  as  explained  under  the  caption  "Efficiency  in 
Assessments  Rolls  and  Tax  Collection"  is  recommended  to  the 
Assessor-Clerk  who  desires  accurate  rolls  prepared  at  a  minimum 
expense  of  time  and  labor. 

CLERK — Sec.  878,  Act  2348,  General  Laws. — The  chief  account- 
ing officer  of  a  city  is  the  Clerk  or  Auditor.  The  Clerk's  duties 
as  Clerk  of  the  Board  of  Trustees  are  covered  elsewhere  in  this 
handbook.  The  following  will  be  found  to  comply  with  the 
spirit  and  the  letter  of  the  law  for  cities  of  the  sixth  class  and 
readily  applicable  to  charter  cities. 

CLERK'S  BOOKS — RECEIPT  REGISTER. — From  the  foundation  of 
the  receipt  form  described  in  a  previous  paragraph,  the  clerk  will 


62  ACCOUNTING  SYSTEM 

enter  in  the  receipt  register  in  chronological  order,  as  received, 
all  duplicate  receipts  filed  with  him.  Receipts  will  be  entered 
by  date,  number,  name  of  official  depositing,  nature  of  deposit, 
amount  of  deposit  and  fund  affected.  It  will  be  found  a  conven- 
ience to  have  special  columns  for  these  funds  to  which  frequent 
deposits  are  made,  such  as  the  general  fund,  and  the  water  or 
electric  light  fund,  where  there  are  municipally  owned  utilities. 
Entries  will  be  made  during  the  month  in  the  general  ledger  to 
the  credit  of  the  various  receipts  account  affected,  and  at  the 
end  of  the  month  the  total  of  the  fund  columns  will  be  posted  to 
the  debit  of  the  fund  accounts  in  the  general  ledger,  thus  com- 
pleting the  double  entry,  i.  e., 
Dr.  Fund  Accounts.  Cr.  Receipt  Accounts. 

Where  the  double  entry  system  is  not  maintained  the  receipts 
should  be  entered  directly  to  the  receipt  pages  in  the  distribu- 
tion record. 

CLERK'S  BOOKS — DEMAND  AND  WARRANT  REGISTER. — In  this  book 
shall  be  entered  in  chronological  order  all  demands  as  filed, 
whether  subsequently  reduced  or  rejected,  or  allowed  in  full. 
Claims  or  demands  shall  be  entered  by  date  of  receipt,  number 
of  demand,  name  of  claimant,  amount  of  claim,  amount  of 
reduction,  if  any,  date  allowed,  amount  of  warrant.  Warrant 
number  will  always  be  the  same  as  demand  number.  On  the 
right  hand  side  of  the  Demand  and  Warrant  Register  a  column 
shall  be  provided  for  each  of  the  funds  out  of  which  warrants  are 
payable. 

Where  the  books  are  kept  on  a  self-balancing  or  double  entry 
basis  the  following  entries  will  be  made  in  the  ledger  or  "Town 
Accounts"  book  at  the  end  of  the  month: 
Dr.    Appropriations.  Cr.     Demands  Payable. 

For  amount  of  all  demands  filed,  i.  e.,  footing  of  the  demand 
column: 
Dr.     Demands  Payable.  Cr.    Appropriations. 

For  the  amount  of  reductions  or  rejections,  i.  e.,  footing  of  the 
amount  reduced  column. 
Dr.     Demands  Payable.  Cr.     Funds. 

For  the  amount  of  the  warrant  drawn,  i.  e.,  footings  of  the  sev- 
eral fund  columns: 

Posts  to  the  individual  accounts  in  the  expenditure  or  distri- 
bution ledger  will  be  made  from  the  face  of  the  demands  directly. 
Where  the  volume  of  business  makes  it  desirable,  separate  regis- 
ters may  be  maintained  for  the  demands  filed  and  the  warrants 
drawn.  The  posting  entries  will  be  the  same. 

CLERK'S  BOOKS — APPROPRIATION  OR  EXPENDITURE  LEDGER. — 
This  is  the  record  (ledger)  containing  all  the  appropriation  or 
expenditure  accounts.  Accounts  arc  opened  with  credits  in  con- 


ACCOUNTING  SYSTEM  63 

formity  to  the  budget  as  entered  in  the  journal.  Expenditures 
are  charged  to  the  several  accounts  directly  from  the  face  of 
the  demands,  noting  date,  demand  number,  fullest  explanation 
possible  and  amount.  From  this  ledger  the  Appropriation  State- 
ment is  prepared.  Where  the  accounts  are  not  kept  on  a  double- 
entry  basis  no  credits  will  appear  in  the  ledger,  but  charges 
should  be  made  to  the  expenditure  accounts  direct  from  the 
face  of  the  demand. 

CLERK'S  BOOKS— JOURNAL. — This  is  the  standard  form  of  three- 
column  or  four-column  journal,  used  for  opening  budget  entries, 
for  correcting  entries,  for  entries  transferring  amounts  from  one 
fund  to  another,  for  entries  accounting  the  amoun  lof  the  assess- 
ment roll  turned  over  to  the  tax-collector  and  subsequent  addi- 
tions on  account  of  penalties  and  costs,  for  amount  of  licenses 
turned  over  to  license  collector,  and  subsequent  corrections, 
additions  and  cancellations,  and  for  such  other  entries  as  do  not 
come  to  the  general  ledger  or  town  accounts  book  from  the  other 
books  of  original  entry,  the  receipt  register  and  the  demand  and 
warrant  register. .  Where  the  double-entry  system  is  not  used 
the  journal  is  not  necessary. 

CLERK'S  BOOKS — GENERAL  LEDGER  OR  TOWN  ACCOUNTS  BOOK. — 
This  is  the  standard  form  of  ledger,  which  contains  accounts  with 
the  Treasurer, — the  several  funds — with  the  receipts,  from  taxes- 
account  with  the  tax-collector, — from  licenses-account  with  the 
license  collector, — with  appropriations  and  with  the  budget, 
showing  the  amount  of  estimated  revenues  and  expenditures  and 
the  actual  expenditures,  and  finally  the  clearance  and  surplus 
accounts.  From  this  ledger,  i.  e.,  from  the  trial  balance,  the 
Clerk's  report  of  receipts,  revenues  and  expenditures  is  prepared. 

Where  the  double-entry  system  is  not  used  the  accounts  should 
be  maintained  on  the  ledger  with  the  Treasurer,  the  tax-collector, 
and  the  license  collector.  The  Treasurer  should  be  charged  with 
the  money  deposited  with  him  and  credited  with  the  amount  of 
the  warrants  drawn  against  him  and  with  the  bond  interest 
coupons  and  bonds  redeemed  by  him.  The  tax-collector  should 
l>e  charged  with  the  total  amount  of  the  assessment  roll,  and 
additions  for  penalties  and  costs,  and  credited  with  the  amount 
of  money  deposited  with  the  Treasurer.  The  license  collector 
should  be  charged  with  the  amount  of  the  licenses  issued  to  him 
and  credited  with  the  money  deposited  by  him  with  the  Treasurer 
on  account  of  licenses,  and  for  licenses  cancelled.  The  double- 
entry  or  self-balancing  system  is  so  much  easier  of  operation  and 
proof  than  any  other  method,  that  its  adoption  is  earnestly 
recommended. 

CLERK'S  BOOKS — LICENSE  REGISTER. — Although  the  act  pre- 
scribes that  the  license  register  shall  be  kept  by  the  Clerk,  the 
license  collector  is  the  usual  custodian  of  this  record.  Where  a 


64  ACCOUNTING  SYSTEM 

proper  form  of  license  certificate  is  vised  it  is  immaterial  which 
officer  keeps  the  record  and  issues  the  licenses.  The  register 
should  contain  columns  for  date,  name  of  licensee,  nature  of 
license,  license  number,  amount  of  license  and  date  of  expira- 
tion. This  information  is  taken  from  the  stub  of  the  license 
certificate,  which  should  be  so  arranged  that  the  removal  of  the 
certificate  will  indicate  the  amount  of  the  license  issued. 

MARSHAL — TAX  COLLECTOR  AND  LICENSE  COLLECTOR. — Although 
the  Treasurer  may  serve  as  tax  and  license  collector  this  duty 
is  usually  performed  by  the  Marshal  or  by  an  officer  specially 
appointed  for  that  purpose. 

TAX  COLLECTOR'S  BOOKS. — The  Tax  Collector  receives  the 
assessment  roll  from  the  Clerk,  and  receipts  for  the  amount  of 
the  roll.  He  should  satisfy  himself  that  the  roll  has  been  properly 
computed,  which  he  may  do  in  the  process  of  making  out  the  tax 
bills.  The  Tax  Collector  needs  only  a  cash  book  provided  with 
columns  for  amount  paid  on  first  installment,  amount  of  penalties 
on  first  installment,  amount  paid  on  second  installment,  penalties 
on  second  installment,  costs  and  total. 

The  stubs  of  the  tax  bills  collected  during  the  day  should  be 
filed  on  a  spindle,  and  entry  be  made  in  the  Tax  Collector's  cash 
book,  carefully  differentiating  between  the  two  installments. 
The  day's  receipts  must  equal  the  total  of  the  day's  tax  bill  stubs. 
The  Tax  Collector  should  apportion  his  receipts  between  the 
several  funds  and  make  his  deposit  with  the  Treasurer  daily. 
This  so  that  the  town  may  earn  a  maximum  amount  of  interest 
on  its  bank  deposit,  and  in  the  interest  of  the  Tax  Collector  that 
his  accounts  may  be  in  balance  at  all  times.  The  Tax  Collector's 
account  with  the  town  may  be  kept  by  him  on  pages  of  the  cash- 
book,  set  aside  for  that  purpose,  before  tax  collections  are  entered 
for  the  current  year.  He  will  credit  the  town  with  the  total 
amount  of  the  tax-roll  received  from  the  Clerk,  and  with  penalties 
on  installments,  and  costs  for  advertising  delinquent  taxes,  he 
will  charge  the  town  with  the  amounts  deposited  with  the  Treas- 
urer, and  when  the  delinquent  tax-roll  is  returned  to  the  Clerk, 
with  the  amount  of  the  delinquent  roll,  at  which  time  his  account 
with  the  town  should  be  in  balance,  except  for  odd  cents  collected 
over  and  short. 

RECORDER. — The  Recorder's  books  are  confined  to  his  docket. 
On  this  he  should  note  carefully  the  disposition  of  each  case, 
and  the  amount  of  bail  imposed,  bail  ordered  returned,  bail  for- 
feited, fine  imposed,  etc.  It  is  recommended  that  all  moneys 
collected  by  the  Recorder  be  deposited  with  the  Treasurer,  and 
that  the  Trustees  prescribe  by  ordinance  the  manner  in  which 
bail  moneys  may  be  returned  to  owners.  This  may  be  done  by 
means  of  an  order  on  the  Treasurer,  signed  by  the  Recorder  and 


ACCOUNTING  SYSTEM  65 

countersigned  by  the  Clerk.  As  bail  moneys  are  trust  funds, 
not  city  funds,  this  procedure  is  legal.  The  city  gains  the  inter- 
est on  the  bail  money  whilst  it  is  on  deposit. 

COLLECTION  AND  DEPOSIT  OF  MONEYS. — -Section  16  of  Article  11 
of  the  Constitution  provides:  "All  moneys,  assessments,  and 
taxes  belonging  to  or  collected  for  the  use  of  any  county,  city, 
town,  or  other  public  or  municipal  corporation,  coming  into  the 
hands  of  any  officer  thereof,  shall  immediately  be  deposited  with 
the  Treasurer,  or  other  legal  depositary,  to  the  credit  of  such 
city,  town  or  other  corporation,  respectively,  for  the  benefit 
of  the  funds  to  which  they  respectively  belong."  The  word 
immediately  means  that  deposits  shall  be  made  daily,  not  weekly, 
monthly  or  even  quarterly  as  is  the  custom  in  some  cities. 

AUDITS  AND  EXAMINATIONS. — In  the  interests  of  safety  and 
good  government  it  is  advisable  that  an  audit  or  examination 
of  the  accounts  of  the  city  officials  be  made  annually  by  a  com- 
petent auditor,  preferably  one  who  has  had  experience  in  municipal 
auditing  and  accounting.  While  municipal  accounting  is  simple 
enough,  only  those  auditors  can  make  a  proper  audit  who  are 
familiar  with  the  laws  governing  municipalities.  At  the  first 
examination  reputable  accountants  usually  charge  for  this  service 
on  a  per  diem  basis,  which  ranges  from  $10.00  a  day  up.  There 
are  a  number  of  qualified  men  who  make  a  specialty  of  municipal 
accounting  and  who  are  always  ready  to  give  satisfactory  refer- 
ences with  respect  to  the  quality  of  their  work  and  their  finan- 
cial responsibility. 

STATIONERY  AND  SUPPLIES. — It  is  false  economy  to  secure  cheap 
stationery.  It  is  waste  to  order  books  with  many  more  pages  than 
are  necessary.  Stationery  and  supplies  should  be  secured  from 
stationers  who  make  a  specialty  of  this  work,  who  are  familiar 
with  the  legal  requirements. 

REPORT  TO  STATE  CONTROLLER. — The  State  Controller  requires 
annually  a  report  upon  a  form  provided  by  him  from  the  City 
Clerk  or  Auditor  detailing  the  receipts  and  payments  for  the  cost 
of  government  of  every  city  of  the  state.  This  report  may  be 
made  out  directly  from  the  accounts  as  they  appear  on  the 
expenditure  distribution,  or  appropriation  ledger.  In  his  annual 
report  the  State  Controller  publishes  the  information  thus  re- 
ceived from  the  cities  of  the  state. 


BASIC  LAW  FOR  THE   GOVERNMENT   OF 
FIFTH  CLASS  CITIES. 

(See  Deering's  General  Laws) 
Act  2348 

Note. — For  citations  interpreting  the  different  sections,  see  corresponding  section 
applying  to  cities  of  the  sixth  class. 

ARTICLE  I. 

GENERAL  POWERS. 

Fifth  Class. 
SEC.  750.     Every  municipal  corporation  of  the  fifth  class  shall 

be  entitled  the  City  of (naming  it),  and  by  such 

name  shall  have  perpetually  succession,  may  sue  and  be  sued  in 
all  courts  and  places,  and  in  all  proceedings  whatever;  shall  have 
and  use  a  common  seal,  alterable  at  the  pteasure  of  the  city 
authorities,  and  may  purchase,  lease,  receive,  hold,  and  enjoy 
real  and  personal  property,  and  control  and  dispose  of  the  same 
for  the  common  benefit. 

ARTICLE  II. 

GENERAL  PROVISIONS   RELATING   TO  OFFICERS. 

Officers. 

751.  The  government  of  said  city  shall  be  vested  in  a  board 
of  trustees,  to  consist  of  five  members;  a  board  of  education,  to 
consist  of  five  members;  and  whenever  a  free  public  library  and 
reading   room   is   established   therein,    five   trustees   thereof;    a 
recorder;    a  treasurer;    a  clerk;    an   attorney;    a    marshal;     an 
assessor,  and  such  other  subordinate  officers  as  are  hereinafter 
provided  for;   provided,  that  the  board  of  trustees  may,  in  its 
discretion,  by  an  ordinance  adopted,  published  and  rec6rded  as 
required  for  general  ordinances,   at  least  thirty  days  before   a 
general  city  election,  at  which  city  officers  are  to  be  elected,  unite 
and  consolidate  certain  offices,  by  declaring: 

1.  The  city  marshal  elected  shall  be  ex-officio  superintendent 
of  streets,  and  health  officer. 

2.  The    city   clerk   elected   shall   be   ex-officio   recorder    and 
assessor; 

3.  The  city  treasurer  elected  shall  be  ex-officio  tax  collector 
and  license  tax  collector; 

4.  The  city  attorney  elected  shall  be  ex-officio  city  clerk. 
(Amendment  approved  February  28,  1901,  Stats.  1901,  p.  70.) 

Election  and  Terms  of  Office. 

752.  The  members  .of  the  board  of  trustees,  and  the  board 
of  education,  and  the  city  clerk,  city  attorney,  assessor,  marshal, 
treasurer,  and  recorder  shall  be  elected  by  the  qualified  electors 


FIFTH  CLASS  CITIES  67 

of  said  city  at  a  general  municipal  election,  to  be  held  therein 
on  the  second  Monday  in  April,  nineteen  hundred  and  three,  and 
on  the  second  Monday  in  April  of  each  fourth  year  thereafter 
and  shall  hold  office  for  the  period  of  four  years  from  and  after 
the  Monday  next  succeeding  the  day  of  such  election,  and  until 
their  successors  are  elected  and  qualified;  provided,  that  a 
general  municipal  election  shall  be  held  in  said  city  on  the  second 
Monday  in  April,  nineteen  hundred  and  five,  for  the  election  of 
successors  to  the  members  of  the  board  of  trustees  and  the  board 
of  education  whose  terms  of  office  expire  during  said  year,  and 
said  successors  shall  hold  office  for  the  period  of  two  years  from 
and  after  the  Monday  next  succeeding  the  day  of  such  election, 
and  until  their  successors  are  elected  and  qualified.  The  board 
of  trustees  may  in  their  discretion  appoint  a  poundmaster,  also 
a  superintendent  of  streets,  and  a  city  engineer,  all  of  whom 
shall  hold  office  during  the  pleasure  of  the  board.  (Amendment 
approved  February  26,  1903,  Stats.  1903,  p.  40.) 

This  section  was  also  amended  in  1889,  Stats.  1889,  p.  389; 
in  1891,  Stats.  1891,  p.  22;  and  in  1895,  Stats.  1895,  pp.  25  and 
159.) 

Election  on  adoption  of  Commission  Form  of  Government. 

752a.  The  board  of  trustees  may  at  any  time  submit  to  the 
electors  at  any  municipal  or  at  any  special  election  to  be  held 
for  that  purpose,  an  ordinance  to  divide  the  administration  of 
the  municipality  into  five  departments  and  provide  for  the  assign- 
ment of  its  several  members  to  the  heads  of  such  respective 
departments  and  to  be  appointed  as  the  commissioners  of  such 
respective  departments;  provided,  that  if  a  department  of  public 
health  be  created  the  commissioner  in  charge  may  be  given  the 
powers  and  duties  of  the  municipal  board  of  health,  and  such 
health  board  be  thereby  abolished.  Such  ordinance  shall  define 
the  duties,  powers  and  responsibilities  of  each  commissioner 
and  may  require  such  commissioner  to  devote  a  specified  number 
of  hours  of  each  business  day  to  the  performance  of  such  duties, 
in  which  event  such  commissioner  may  receive  a  compensation, 
the  amount  of  same  to  be  fixed  by  said  ordinance.  The  board 
may,  by  majority  vote,  subject  to  the  provisions  of  this  section, 
assign  its  several  members  to  be  and  appoint  them  as  the  respective 
commissioners  of  such  several  departments,  and  may  by  like 
vote  from  time  to  time  change  such  assignment  and  appointment. 
It  may  assign  employees  to  one  or  more  departments,  may  require 
an  officer  or  employee  to  perform  duties  in  two  or  more  depart- 
ments, and  may  make  such  other  rules  and  regulations  as  may  be 
necessary  or  proper  to  the  efficient  and  economical  conduct  of 
the  business  of  the  municipality.  The  substance  of  the  ordinance 
so  proposed  shall  be  printed  on  the  ballots  used  at  such  election 


68  FIFTH  CLASS  CITIES 

substantially  as  follows:  Shall  the  administration  of  the  muni- 
cipality be  divided  into  five  departments  as  follows:  (Insert  the 
five  departments  of  government  proposed  and  briefly  designate 
the  powers  and  duties  conferred  upon  each  and  the  compensation 
each  commissioner  or  head  of  department  shall  receive),  "Yes" 
and  "No"  so  printed  in  connection  therewith  that  the  voters 
may  express  their  choice.  The  returns  of  the  election  shall  be 
canvassed  and  declared  as  at  other  municipal  elections  and  if 
it  appears  that  a  majority  of  the  votes  cast  at  such  election  were 
in  favor  of  the  ordinance,  such  ordinance  shall  take  effect  and 
be  in  force  on  the  tenth  day"  thereafter.  (New  section  approved 
April  10,  1911,  Stats.  1911,  p.  842.) 

Election  on  Question  of  Appointment  of  City  Officers. 

752b.  The  board  of  trustees  may  submit  to  the  electors  at 
any  municipal  election  or  at  a  special  election  to  be  held  for  that 
purpose,  the  question  as  to  whether  the  elective  officers,  or  any 
of  them,  other  than  trustees,  shall  be  appointed  by  said  board, 
instead  of  being  elected  as  provided  in  the  preceding  section. 
The  question  so  submitted  shall  be  printed  on  the  ballots  used 
at  such  election  substantially  as  follows:  "Shall  the  board  of 

trustees   hereafter   appoint   the naming    (the 

offices)  of  the  city  (or  town)  of ,"  with  the 

words  "Yes"  and  "No"  so  printed  in  connection  therewith  that 
the  voters  may  express  their  choice.  The  returns  of  the  election 
shall  be  canvassed  and  declared  as  at  other  municipal  election, 
and  if  it  appears  that  a  majority  of  the  votes  cast  on  any  such 
proposition  were  in  favor  of  the  appointment  of  such  officers  or 
any  of  them,  then  at  the  expiration  of  the  terms  of  office  of  any 
such  officials  then  in  office,  and  on  the  occurrence  of  a  vacancy 
in  any  such  offices,  such  elective  officers  or  any  of  them,  for  the 
appointment  of  whom  such  a  majority  vote  was  so  cast,  shall 
thereafter  be  appointed  by  the  board  of  trustees  and  hold  office 
during  the  pleasure  of  such  board.  (New  section  approved 
April  10,  1911,  Stats.  1911,  p.  843.) 

Official  Bonds. 

753.  The  clerk,  treasurer,  city  attorney,  and  marshal  shall, 
respectively,  before  entering  upon  the  duties  of  their  respective 
offices,  each  execute  a  bond  to  such  ci  ty  in  such  penal  sum  as  the  board 
of  trustees  by  ordinance  may  determine,  conditioned  for  the  faith- 
ful performance  of  his  duties,  including  in  the  same  bond  the 
duties  of  all  offices  of  which  he  is  made  by  this  chapter  ex-officio 
incumbent.  Such  bonds  shall  be  approved  by  the  board  of  trustees. 
All  bonds,  when  approved,  shall  be  filed  with  the  clerk,  except 
the  bond  of  the  clerk,  which  shall  be  filed  with  the  president  of 
the  board  of  trustees.  All  the  provisions  of  any  law  of  this  state 


FIFTH  CLASS  CITIES  69 

relating  to  the  official  bonds  of  officers  shall  apply  to  such  bonds 
except  as  herein  otherwise  provided.  Every  officer  of  such  city, 
before  entering  upon  the  duties  of  his  office,  shall  take  and  file 
with  the  clerk  the  constitutional  oath  of  office. 

Vacancies. 

754.  Any  vacancy  occurring  in  any   of  the   offices  provided 
for  in  this  act  shall  be  filled  by  appointment  by  the  board  of 
trustees,  but  if  such  office  be  elective,  such  appointee  shall  hold 
office  only  until  the  next  regular  election,  at  which  time  a  person 
shall  be  elected  to  serve  for  the  remainder  of  such  unexpired 
term.     In  case  a  member  of  the  board  of  trustees  is  absent  from 
the  city  for  the  period  of  ninety  days,  unless  by  permission  of 
the  board  of  trustees,  his  office  shall  by  the  board  be  declared 
vacant,  and  the  same  shall  be  filled  as  in  case  of  other  vacancies. 

Compensation  of  Trustees  and  Other  Officers. 

755.  The  members  of  the  boards  of  trustees  shall  receive  no 
compensation   whatever,    provided   that   in   all   such    cities   the 
question  of  whether  the  members  of  such  board  or  any  of  them 
shall  receive  any  compensation  for  his  services  as  such  member, 
and   the   amount   thereof,   may   be   submitted  to   the   qualified 
electors   of   said   city   at   any   general   municipal   election   held 
therein,  and  if  the  majority  of  such  electors  voting  at  such  election 
shall  vote  in  favor  thereof,  then  such  trustee  or  trustees  shall 
receive  the  compensation  specified  in  the  call  submitting  such 
question  at  such  municipal  election;  such  compensation  to  begin 
on  the  first  day  of  the  next  month  succeeding  the  canvass  of  the 
return  of  such  election,  and  the  amount  so  fixed  shall  from  such 
date  be  a  charge  against  such  city;  payable  the  same  as  other 
fixed  salaries  are  paid.     Such  compensation  may  be  increased 
or  diminished  at  any  general  municipal  election  thereof,  by  sub- 
mission of  such  question  in  the  same  manner  and  by  the  same 
vote    as    herein    provided,    for    the    original    creation    of    such 
compensation. 

The  treasurer,  assessor,  marshal,  clerk  and  recorder  shall 
severally  receive  at  stated  times  a  compensation  to  be  fixed  by 
ordinance  by  the  board  of  trustees,  which  compensation  shall  not  be 
increased  or  diminished  after  their  election  or  during  their  several 
terms  of  office. 

Nothing  herein  contained  shall  be  construed  to  prevent  the 
board  of  trustees  from  fixing  such  several  amounts  of  compensa- 
tion in  the  first  instance  during  the  term  of  office  of  any  such 
officer  or  after  his  election.  The  compensation  of  all  other 
officers  shall  be  fixed  from  time  to  time  by  the  board  of  trustees. 
(Amendment  of  March  1,  1911,  Stats,  and  Amdts.  1911,  p.  253. 
Also  amended  March  19,  1889,  Stats.  1889,  p.  389.) 


70  FIFTH  CLASS  CITIES 

Election  Regulations. 

756.  All  elections  in  such  city  shall  be  held  in  accordance 
with  the  general  election  laws  of  the  state,  so  far  as  the  same 
may  be  made  applicable,  and  no  person  shall  be  entitled  to  vote 
at  such  election  unless  he  shall  be  a  qualified  elector  of  the  county, 
enrolled  upon  the  great  register  thereof,  and  shall  have  resided 
in  such  city  for  at  least  thirty  days  next  preceding  such  election. 
The  board  of  trustees  shall  give  such  notice  of  each  election  as 
may  be  prescribed  by  ordinance,  shall  appoint  boards  of  election, 
and  fix  their  compensation,  and  establish  election  precincts  and 
polling  places,  and  may  change  the  same;  provided,  that  no  part 
of  any  ward  less  than  the  whole  thereof  shall  be  attached  to  any 
other  ward,  or  part  thereof,  in  forming  election  precincts.     At 
any  municipal  election  the  last  printed  great  register  of  the  county 
shall  be  used,  and  any  elector  whose  name  is  not  upon  such  printed 
register  shall  be  entitled  to  vote,  upon  producing  and  filing  with 
the  board  of  election  a  certificate,  under  the  hand  and  official 
seal  of  the  county  clerk,  showing  that  his  name  is  registered  and 
uncanceled  upon  the  great  register  of  such  county,  provided  that 
he  is  otherwise  entitled  to  vote. 

Eligibility  to  Office. 

757.  No  person  shall  be  eligible  to  hold  office  of  trustee  in 
such  city,  unless  he  be  a  resident  and  elector  therein,  and  shall 
have  resided  in  such  city  for  one  year  next  preceding  the  date 
of  his  election.     (Amendment  approved  April   16,   1913,   Stats. 
1913,  p.  34.) 

Free  Library. 

758.  The  trustees  of  any  free  public  library  created  or  existing 
in  such  city  under  the  provisions  of  an  act  entitled  "An  act  to 
establish  free  public  libraries  and  reading  rooms,"  approved  April 
twenty-sixth,  eighteen  hundred  and  eighty,  shall  be  elected  by 
the  qualified  electors  of  said  city,  at  a  general  municipal  elec- 
tion to  be  held  therein  on  the  second  Monday  in  April  next  suc- 
ceeding the  passage  and  approval  of  this  act,  and  shall  hold 
office  for  the  period  of  four  years  from  and  after  the  Monday 
next  succeeding  the  day  of  such  election,  and  until  their  successors 
are  elected  and  qualified.    In  case  a  vacancy  shall  occur  in  the 
office  of  trustee  of  such  free  public  library  and  reading-room, 
the  board  of  trustees  of  said  free  public  library  and  reading- 
room  shall  choose  a  person  to  fill  such  vacancy,  who  shall  serve 
until  the  next  general  municipal  election,  when  if  the  term  does 
not  then  expire,  a  person  shall  be  elected  to  serve  for  the  re- 
mainder of  such  unexpired  term.     (Amendment  approved  April  1, 
1897,  Stats.   1897,  p.  403.    Also  amended  in  1889,   Stats.   1889, 
p.  390.) 


FIFTH  CLASS  CITIES  71 

ARTICLE  III. 

LEGISLATIVE   DEPARTMENT. 

Board  of  Trustees. 

760.  The  board  of  trustees  shall  meet  on  the  Monday  next 
succeeding  the   date   of  said   general   municipal   election,    shall 
take  the  oath  of  office,  shall  choose  one  of  their  number  presi- 
dent, and  shall  hold  regular  meetings  at  least  once  in  each  month, 
at  such  times  as  they  shall  fix  by  ordinance.     Special  meetings 
may  be  called  at  any  time  by  the  president  of  the  board  or  by 
three  trustees,  by  written  notice  delivered  to  each  member  at 
least   three   hours   before   the   time   specified  for  the  proposed 
meeting.     All  meetings  of  the  board  of  trustees  shall  be  held 
within  the  corporate  limits  of  the  city,  at  such  places  as  may 
be  designated  by  ordinance,  and  shall  be  public. 

Meetings. 

761.  At  any  meeting  of  the  board  of  trustees,  a  majority  of 
the  trustees  shall  constitute  a  quorum  for  the  transaction  of 
business,  but  a  less  number  may  adjourn  from  time  to  time,  and 
may  compel  the  attendance  of  absent  members  in  such  manner 
and  under  such  penalties  as  may  be  prescribed  by  ordinance. 
The  president  of  the  board  shall  preside  at  all  meetings  of  the 
board,  and  in  case  of  his  absence,  the  board  may  appoint  a  presi- 
dent pro  tern;  and  in  case  of  the  absence  of  the  clerk,  the  presi- 
dent or  president  pro  tern,  shall  appoint  one  of  the  members  of 
the  board  clerk  pro  tern. 

Rules. 

762.  The  board  of  trustees  shall  judge  of  the  qualifications 
of  its  members  and  of  all  election  returns,  and  determine  con- 
tested elections  of  all  city  officers.     They  may  establish  rules 
for  the  conduct  of  their  proceedings,  and  punish  any  member, 
or  other  person,  for  disorderly  behavior  at  any  meeting.     They 
shall  cause  the  clerk  to  keep  a  correct  journal  of  all  their  pro- 
ceedings, and,  at  the  desire  of  any  member,  shall  cause  the  ayes 
and  noes  to  be  taken  on  any  question,  and  entered  upon  the 
journal. 

Limitation  on  Passage  of  Ordinances. 

763.  No  resolution  granting  any  franchise,  and  no  ordinance 
for  any  purpose,  shall  be  passed  by  the  board  of  trustees  on  the 
day  of  its  introduction,  nor  within  five  days  thereafter,  nor  at  any 
other  than  a  regular  meeting,  or  an  adjourned  regular  meeting, 
and  no  such  resolution  and  no  ordinance  granting  any  franchise 
shall  be  passed  without  being  first  submitted  to  the  city  attorney. 
No  resolution  or  order  for  the  payment  of  money  shall  be  passed 
at  any  other  than  a  regular  meeting,  or  an  adjourned  regular  meet- 
ing, and  no  resolution  or  order  for  the  payment  of  money,  no 


72  FIFTH  CLASS  CITIES 

resolution  granting  a  franchise,  and  no  ordinance  for  any  purpose, 
shall  have  any  validity  or  effect  unless  passed  by  the  affirmative 
vote  of  at  least  three  trustees.  In  cases  of  urgency  the  board  of 
trustees  by  a  four-fifths  vote  may  adopt  any  ordinance  or  .resolution 
affecting  the  health  and  safety  of  the  public  on  the  day  of  its  intro- 
duction or  at  any  regular  or  special  meeting.  (Amendment 
approved  May  6,  1919.) 

Powers  of  Board. 
764.    The  board  of  trustees  of  such  city  shall  have  power: 

1.  To  pass  ordinances  not  in  conflict  with  the  constitution 
and  laws  of  this  state,  or  of  the  United  States. 

2.  To  purchase,  lease,  or  receive  such  real  estate  and  personal 
property  as  may  be  necessary  or  proper  for  municipal  purposes, 
and  to  control,  dispose  of,  and  convey  the  same  for  the  benefit 
of  the  city;   provided,  that  they  shall  not  have  any  power  to 
sell  or  convey  any  portion  of  any  waterfront;  but  may  rent  such 
waterfront  for  a  term  not  to  exceed  ten  years  for  the  purpose  of 
erecting  bathhouses  thereon. 

3.  To  contract  to  supply  the  said  city  with  water,  and  gas, 
and  electric  lights  or  other  lights  for  municipal  purposes;    to 
purchase,    lease,    construct    or    otherwise    acquire    waterworks, 
electric  plants,  and  gas  works  or  plants  or  any  of  the  same,  and 
all  machinery,  conductors,  lands,  appliances  and  all  other  things 
needed  therefor,  and  to  supply  said  city  with,  and  to  sell  to  the 
inhabitants  of  said  city,  gas,  electric  light  or  other  light,  and 
heat,  and  power;  provided,  that  no  such  purchase  or  lease  shall 
be  made  unless  the  question  of  acquiring  such  property  is  sub- 
mitted to  the  voters  of  such  city  in  the  same  manner  as  other 
propositions,  at  a  general  or  special  municipal  election,  and  a 
majority  of  the  electors,  voting  at  such  election  shall  vote  in 
favor  of  the  proposition. 

4.  To  establish,  repair  and  build  bridges;   to  establish,  lay 
out,  alter,  keep  open,  open,  improve  and  repair  streets,  sidewalks, 
alleys,   squares,   and  other  public  highways  and  places  within 
the  city,  and  to  drain,  sprinkle,  oil, .and  light  the  same;  to  remove 
all  obstructions  therefrom;   to  establish  the  grades  thereof;   to 
grade,  pave,  macadamize,  gravel  and  curb  the  same  in  whole 
or  in  part,  and  to  construct  gutters,  culverts,  sidewalks,  and 
cross-walks  therein,  or  upon  any  part  thereof;   to  cause  to  be 
planted,  set  out,  and  cultivated  shade  trees  therein;  and  generally 
to  manage  and  control  all  such  highways  and  places. 

5.  To  establish,  construct  and  maintain  drains  and  sewers; 
to  provide  by  ordinance  for  a  general  system  of  sewers,  and  the 
expense  of  building  and  maintaining  the  same. 

6.  To  provide  fire-engines  and  all  other  necessary  or  proper 
apparatus  for  the  prevention  and  extinguishment  of  fires. 


FIFTH  CLASS  CITIES  73 

7.  To  impose  and  collect  from  every  male  inhabitant  between 
the  ages  of  twenty-one  and  sixty  years,  an  annual  street  poll  tax, 
not  exceeding  two  dollars,  and  no  other  road  poll-tax  shall  be 
collected  within  the  limits  of  such  city;  provided,  that  any  mem- 
ber of  a  volunteer  fire  company  in  such  city  shall  be  exempt  from 
such  tax. 

8.  To  impose  and  collect  an  annual  license,  not  exceeding  two 
dollars  on  every  dog  owned  or  harbored  within  the  limits  of  the 
city. 

9.  To  levy  and  collect  annually  a  property  tax,  which  shall 
be  apportioned  as  follows:    For  the  general  fund,  not  exceeding 
sixty  cents  on  each  one  hundred  dollars;    for  street  fund,  not 
exceeding  thirty  cents  on  each  one  hundred  dollars;  for  school 
fund,  not  exceeding  twenty-five  cents  on  each  one  hundred  dollars; 
for  sewer  fund,  not  exceeding  ten  cents  on  each  one  hundred 
dollars.     The  levy  for  all  purposes  for  any  one  year  for  all  pur- 
poses to  which  such  funds  are  applicable  shall  not  exceed  one 
dollar  on  each  one  hundred  dollars  of  the  assessed  value  of  all 
real  and  personal  property  within  such  city. 

10.  To  license,   for  purposes  of  regulation  and  revenue,    all 
and  every  kind  of  business,   including  the  sale  of  intoxicating 
liquors,  authorized  by  law  and  transacted  or  carried  on  in  such 
city,   and  all  shows,   exhibitions,   and  lawful  games  carried  on 
therein;  to  fix  the  rates  of  licenses  upon  the  same,  and  to  provide 
for  the  collection  of  the  same  by  suit  or  otherwise. 

11.  To  improve  the  rivers  and  streams  flowing  through  such 
city,  or  adjoining  the  same;  to  widen,  straighten,  and  deepen  the 
channels    thereof,    and    to    remove    obstructions    therefrom;    to 
improve  the  waterfront  of  the  city,  and  to  construct  and  maintain 
embankments  and  other  works  to  protect  such  city  from  overflow. 

12.  To  erect  and  maintain  buildings  for  municipal  purposes. 

13.  To  permit,    under  such   restrictions   as   they  may  deem 
proper,  the  laying  of  railroad  tracks  and  the  running  of  cars  drawn 
by  horses,  steam,  electricity,  or  other  power  thereon,  and  the 
laying  of  gas  or  water  pipes  in  the  public  streets,  and  to  construct 
and  maintain,   and  to  grant  the  construction  and  maintenance 
of  telephone,  telegraph  and  electric  light  lines  therein. 

14.  In  its  discretion  to  divide  the  city,  by  ordinance,  into  a 
convenient  number  of  wards,  not  exceeding  five,  to  fix  the  boun- 
daries thereof,  and  to  change  the  same  from  time  to  time;  pro- 
vided, that  no  change  in  the  boundaries  of  any  ward  shall  be 
made  within  sixty  days  next  before  the   date   of  said  general 
municipal  election,  or  within  twenty  months  after  the  same  shall 
have   been   established   or   altered..  Whenever   such   city   shall 
be  divided  into  wards,  the  board  of  trustees  shall  designate  by 
ordinance  the  number  of  trustees  to  be  elected  from  each  ward, 


74  FIFTH  CLASS  CITIES 

apportioning  the  same  in  proportion  to  the  population  of  such 
ward;  and  thereafter  the  trustees  so  designated  shall  be  elected 
by  the  qualified  electors  resident  in  such  ward,  or  by  the  general 
vote  of  the  whole  city,  as  may  be  designated  in  such  ordinance. 

15.  To  appoint  and  remove  such  policemen  and  such  other 
subordinate  officers  as  they  may  deem  proper,  and  to  fix  their 
duties  and  compensation. 

16.  To  impose  fines,  penalties,  and  forfeitures  for  any  and  all 
violations  of  ordinances  and  for  any  breach  or  violation  of  any 
ordinance  to  fix  the  penalty  by  fine  or  imprisonment,  or  both, 
but  no  such  fine  shall  exceed  three  hundred  dollars,  nor  the  term 
of  such  imprisonment  exceed  three  months. 

17.  To  cause  all  persons  imprisoned  for  violation  of  any  ordi- 
nances to  labor  on  the  streets,  or  other  property  or  works  within 
the  city. 

18.  To  establish  fire  limits,  and  the  same  to  alter  at  pleasure; 
to  regulate  or  prevent  the  erection  of  wooden  or  other  buildings 
or  structures  of  combustible  materials;  to  regulate  the  construc- 
tion of  all  buildings,  shades,  awnings,  signs,  or  any  structure  of  a 
dangerous  or  unsafe  character;    to  provide,   by  regulation,   for 
the  prevention  and  summary  removal  of  all  filth  and  garbage 
in  the  streets,  sloughs,  alleys,  backyards  or  public  grounds  of 
such  city,  or  elsewhere  therein;  to  regulate  or  prohibit  the  storage 
of  gunpowder  and  combustible  or  explosive  materials  of  every 
kind  and  nature  within  the  city  limits,  and  to  prescribe  the  limits 
in  which  the  same  may  be  kept  or  stored. 

19.  To  do  and  perform  any  and  all  other  acts  and  things  nee 
essary  and  proper  to  carry  out  the  provisions  of  this  chapter,  and 
to  exact  and  enforce  within  the  limits  of  such  city  all  other  local, 
police,  sanitary,  and  other  regulations  as  do  not  conflict  with 
general  laws.     (Amendment  approved  April  16,  1909,  Stats.  1909, 
p.  937.    Also  amended  in  1889,  Stats.  1889,  p.  391;  in  1899,  p.  196; 
in  1901,  Stats.  1901,  p.  656;  and  in  1905,  Stats.  1905,  p.  45.) 

20.  To  levy  and  collect  a  property  tax  in  addition  to  that  now 
authorized  by  law  for  the  purpose  of  improving,  repairing,  and 
maintaining  any  and  all  streets,  avenues,  lanes,  alleys,  courts, 

E  laces  and  sidewalks  of  said  municipality,  which  have  heretofore 
een  accepted  by  said  municipality,  under  and  pursuant  to  the 
provisions  of  any  street  improvement  act,  providing  for  the  accep- 
tance of  streets  by  said  municipality,  which  such  tax  shall  not 
exceed  thirty  cents  on  each  one  hundred  dollars  of  the  assessed 
value  of  all  real  and  personal  property  within  such  municipality. 
(Amendment  approved  June  1,  1917.) 

Enacting  Clause  of  Ordinances. 

765.    The  enacting  clause  of  all  ordinances  shall  be  as  follows: 
"The  board  of  trustees  of  the  city  (or  town)  of do 


FIFTH  CLASS  CITIES  75 

ordain  as  follows":  Every  ordinance  must  be  signed  by  the 
president  of  the  board  of  trustees,  attested  by  the  clerk,  and  must 
be  published  by  said  board  at  least  three  times  in  a  newspaper  of 
general  circulation  published  in  such  city  or  town,  or  if  there  be 
none  published  in  such  city  or  town,  then  every  ordinance  must  be 
posted  in  at  least  three  public  places  therein;  provided,  that  emer- 
gency ordinances  subject  to  the  referendum  must  be  published  at 
least  one  time.  (Amendment  approved  June  1,  1917) 

Board  to  Audit  Demands. 

766.  All  demands  against  such  city,  except  as  otherwise  by 
law  provided,  shall  be  presented  to  and  audited  by  the  board  of 
trustees,  in  accordance  with  such  regulations  as  they  may  by 
ordinance  prescribe;  and  upon  the  allowance  of  any  such  demand, 
the  president  of  the  board  shall  draw  a  warrant  upon  the  treasurer 
for  the  same,  which  warrant  will  be  countersigned  by  the  clerk, 
and  shall  specify  for  what  purpose  the  same  is  drawn,  and  out 
of  what  fund  it  is  to  be  paid.     (Amendment  approved  March  19, 
1889,  Stats,  1889.  p.  389.) 

Indebtedness  not  to  Exceed  Moneys  Provided. 

767.  The  board  of  trustees  shall  not  create,  audit,  allow  or 
permit  to  accrue  any  debt  or  liability  in  excess  of  the  available 
money  in   the  treasury  that   may  be   legally   apportioned   and 
appropriated  for  such  purposes,  except  in  the  manner  provided 
by  law  for  incurring  indebtedness;  provided,  that  any  city  during 
the  first  year  of  its  existence  under  this  act  may  incur  such  in- 
debtedness or  liability  as  may  be  necessary,  not  exceeding  in 
all  the  income  and  revenue  provided  for  it  for  such   year;  nor 
shall  any  warrant  be  drawn,  or  evidence  of  indebtedness  be  issued, 
unless  there  be  at  the  time  sufficient  money  in  the  treasury  legally 
applicable  to  the  payment  of  the  same,  except  as  hereinbefore 
provided.     (Amendment  approved  March  19,   1889,  Stats.   1889, 
p.  389.) 

Incurring  of  Excess  Decided  at  an  Election. 

768.  .(Amended  March  19,  1889,  Stats.  1889,  pp.  371  and  397. 
Repealed  April  16,  1913,  Stats.  1913,  p.  33.) 

Imprisonment. 

769.  The  violation  of  any  ordinance   of  such   city  shall  be 
deemed  a  misdemeanor  and  may  be  prosecuted  by  the  authori- 
ties of  such  city  in  the  name  of  the  people  of  the  State  of  Cali- 
fornia  or  may  be  redressed  by  civil  action,  at  the  option  of  said 
authorities.     Any  person  sentenced  to  imprisonment  for  the  vio- 
lation of  an  ordinance  may  be  imprisoned  in  the  city  jail,  or  if 
the  board  of  trustees  shall  by  ordinance  so  prescribe,   in  the 
county  jail  of  the  county  in  which  such  city  may  be  situated; 


76  FIFTH  CLASS  CITIES 

in  which  case  the  expense  of  such  imprisonment  shall  be  a  charge 
in  favor  of  such  county  against  such  city.  (Amendment  approved 
March  7,  1905,  Stats.  1905,  p.  72.) 

Nuisances. 

770.  Every  act  or  thing  done  or  being  within  the  limits  of 
such  city,  which  is  or  may  be  declared  by  law  or  by  any  ordi- 
nance of  such  city  to  be  a  nuisance,  shall  be  and  is  hereby  declared 
to  be  a  nuisance,  and  shall  be  considered  and  treated  as  such  in 
all  actions  and  proceedings  whatever;   and  all  remedies  which 
are  or  may  be  given  by  law  for  the  prevention  and  abatement 
of  nuisances  shall  apply  thereto. 

Repairs  Assessed  on  Fronting  Property. 

771.  (Repealed  April  16,  1913,  Stats.  1913,  p:33.) 

Right  of  Way. 

772.  Whenever  it  shall  become  necessary  for  the  city  to  take 
or  damage  private  property  for  the  purpose  of  establishing,  laying 
out,  extending  and  widening  streets  and  other  public  highways 
and  places  within  the  city,  or  for  the  purpose  of  rights  of  way 
for  drains,  sewers  and  aqueducts,  and  for  the  purpose  of  widening, 
straightening,  or  diverting   the    channels   of    streams,    and    the 
improvement  of  waterfronts,  and  the  board  of  trustees  cannot 
agree  with  the  owner  thereof  as  to  the  price  to  be  paid,  the  trustees 
may  direct  proceedings  to  be  taken  under  section  1237,  and  the 
following  sections,  to  and  including  1263  of  the  Code  of  Civil 
Procedure,  to  procure  the  same. 

City  Tax  Levy. 

773.  The  board  of  trustees  shall  have  the  power,  and  it  shall 
be  their  duty,  to  provide  by  ordinance  a  system  for  the  assessment, 
levy  and  collection  of  all  city  taxes  not  inconsistent  with  the 
provisions  of  this  chapter.    All  taxes  shall  be  collected  by  the 
marshal  or  treasurer,  as  may  be  determined  by  the  board  of 
trustees  by  ordinance.    All   taxes  assessed,  together  with  any 
percentage  imposed  for  delinquency  and  the  costs  of  collection, 
shall  constitute  liens  on  the  property  assessed;  every  tax  upon 
the  personal  property  shall  be  a  lien  upon  the  real  property  of 
the  owner  thereof.    The  liens  provided  for  in  this  section  shall 
attach  as  of  the  first  Monday  in  March  of  each  year,  and  may  be 
enforced  by  a  sale  of  the  real  property  affected,  and  the  execu- 
tion and  delivery  of  all  necessary  certificates  and  deeds  therefor, 
under  such  regulations  as  may  be  prescribed  by  ordinance,  or 
by  action  in  any  court  of  competent  jurisdiction  to  foreclose  such 


FIFTH  CLASS  CITIES  77 

liens;  provided,  that  any  property  sold  for  such  taxes  shall  be 
subject  to  redemption  within  five  years  and  upon  the  terms  pro- 
vided or  that  may  hereafter  be  provided  for  the  redemption  of 
property  sold  for  state  taxes.  All  deeds  made  upon  any  sale  of 
property  for  taxes  or  special  assessments  under  the  provisions 
of  this  chapter  shall  have  the  same  force  and  effect  in  evidence 
as  is  or  may  hereafter  be  provided  by  law  for  deeds  for  property 
sold  for  non-payment  of  state  taxes.  (Amendment  approved 
March  8,  1905,  Stats.  1905,  p.  88.  Also  amended  in  1889,  Stats. 
1889,  p.  394.) 

Equalization. 

774.  The  board  of  trustees  shall  meet  at  their  usual  place  ol 
holding  meetings  on  the  second  Monday  of  August  of  each  year, 
at  10  o'clock  in  the  forenoon  of  said  day,  and  sit  as  a  board  of 
equalization,  and  shall  continue  in  session  from  day  to  day  until 
all  the  returns  of  the  assessor  have  been  rectified.     They  shall 
have  power  to  hear  complaints,  and  to  correct,  modify  or  strike 
out  any  assessment  made  by  the  assessor,  and  may,  of  their  own 
motion,  raise  any  assessment,  upon  notice  to  the  party  whose 
assessment  is  to  be  raised.     The  corrected  list  for  each  tax  shall 
be  the  assessment  roll  for  said  tax  for  said  year.     It  shall  be 
certified  by  the  city  clerk,  who  shall  act  as  clerk  of  the  board 
of  equalization,  as  being  the  assessment  roll  for  said  tax,  and 
shall  be  the  assessment  roll  upon  which  such  tax  is  to  be  levied 
in  said  year. 

Construction  of  Act. 

775.  Nothing  in  this  chapter  contained  shall  be  construed  to 
prevent  any  city  having  a  bonded  indebtedness,  contracted  under 
laws  heretofore  passed,  from  levying  and  collecting  such  taxes 
for  the  payment  of  such  indebtedness,  and  the  interest  thereon, 
as  are  provided  for  in  such  laws,  in  addition  to  the  taxes  herein 
authorized  to  be  levied  and  collected;  nor  to  prevent  any  city 
from  levying  and  collecting  the  tax  authorized  by  the  act  entitled 
"An  act  to  establish  free  public  libraries  and  reading  rooms," 
approved  April  twenty-sixth,   eighteen  hundred  and  eighty,   in 
addition  to  the  taxes  herein  authorized  to  be  levied  and  collected. 
All  moneys  received  from  licenses,  street  poll  tax,  and  from  fines, 
penalties  and  forfeitures,  shall  be  paid  into  the  general  fund. 

Waterfront  Fund. 

776.  The  board  of  trustees  may  also  levy,  and  cause  to  be 
collected  in  each  year,  in  addition  to  the  taxes  herein  authorized 
to  be  levied  and  collected,  a  tax,  not  exceeding  ten  cents  on  each 
one  hundred  dollars  of  the  assessed  value  of  all  real  and  personal 
property  within  such  city  subject  to  taxation,  the  proceeds  of 


78  FIFTH  CLASS  CITIES 

which  tax  shall  be  known  as  the  "River  and  Waterfront  Improve- 
ment Fund,"  and  shall  be  applied  to  the  improvement  of  streams, 
bays  and  waterfronts,  and  the  erection  of  embankments  and  other 
works  to  protect  the  city  from  overflow,  and  for  no  other  purposes 
whatever. 

Public  Work  to  be  Contracted  for. 

777.  In  the  erection,  improvement,  and  repair  of  all  public 
buildings  and  works,  in  all  street  and  sewer  work,  and  in  all  work 
in  or  about  streams,  bays  or  waterfronts,  or  in  or  about  embank- 
ments, or  other  works  for  protection  against  overflow,   and  in 
furnishing  any  supplies  or  materials  for  the  same,  when  the  ex- 
penditure required  for  the  same  exceeds  the  sum  of  three  hundred 
dollars,  the  same  shall  be  done  by  contract,  and  shall  be  let  to 
the  lowest  responsible  bidder,  after  notice  by  publication  in  a 
newspaper  of  general  circulation,  printed  and  published  in  such 
city  or  town,  for  at  least  two  weeks,  or  if  there  be  no  newspaper 
printed  or  published  therein,  by  printing  and  posting  the  same 
in  at  least  four  public  places  therein  for  the  same  period;   such 
notice  shall  distinctly  and  specifically  state  the  work  contemplated 
to  be  done;  provided,  that  the  board  of  trustees  may  reject  any 
and  all  bids  presented  and  readvertise,  in  their  discretion;  pro- 
vided, further,  after  rejecting  bids,  the  board  of  trustees  may 
declare  and  determine  by  a  four-fifths  vote  of  all  its  members 
that  in  its  opinion  the  work  in  question  may  be  performed  more 
economically  by  day  labor  or  the  materials  or  supplies  furnished 
at  a  lower  price  in  the  open  market,  and  after  the  adoption  of  a 
resolution  to  this  effect  they  may  proceed  to  have  the  same  done 
in  the  manner  stated  without  further  observance  of  the  foregoing 
provisions  of  this  section;  and  provided,  further,  that  in  case  of 
a  great  public  calamity  such  as  an  extraordinary  fire,   flood, 
storm,  epidemic  or  other  disaster,  the  board  of  trustees  may, 
by  resolution  passed  by  vote  of  four-fifths  of  all  its  members 
declare  and  determine  tnat  public  interest  and  necessity  demands 
the  immediate  expenditure  of  public  money  to  safeguard  life, 
health  and  property  and  thereupon  they  may  proceed  to  expend 
or  enter  into  a  contract  involving  the  expenditure  of  any  sum 
required  in  such  emergency.     The  board  of  trustees  shall  annually, 
at  a  stated  time,  contract  for  doing  all  city  printing  and  adver- 
tising,  which  contract  shall   be   let   to  the   lowest   responsible 
bidder,    after   notice    as    provided    in    this    section.     (Amended 
March  10,  1891,  Stats.  1891,  p.  54.    Also  amended  June  8,  1915, 
Stats.  1915,  p.  1304.) 

Powers  of  President. 

778.  The  president  of  the  board  of  trustees  shall  preside  over 
all  meetings  of  the  board  at  which  he  is  present.     In  his  absence 
a  president  pro  tern,  shall  be  chosen.     The  president,  and  in  his 


FIFTH  CLASS  CITIES  79 

absence  the  president  pro  tern.,  shall  sign  all  warrants  drawn  on 
the  city  treasurer,  and,  unless  otherwise  provided  by  said  board, 
shall  sign  all  written  contracts  entered  into  by  said  city,  as  such 
president  or  president  pro  tern.  The  authority  and  power  of 
the  president  pro  tern,  shall  continue  only  during  the  day  on  which 
he  is  chosen.  The  president  and  president  pro  tern,  shall  have 
power  to  administer  oaths  and  affirmations,  to  take  affidavits 
and  certify  the  same  under  their  hands.  The  president  or  presi- 
dent pro  tern,  shall  sign  all  conveyances  made  by  said  city,  and 
all  instruments  which  shall  require  the  seal  of  the  city.  The 
president  is  authorized  to  acknowledge  the  execution  of  all  in- 
struments executed  by  said  city  that  require  to  be  acknowledged. 
He  shall  have  power  to  administer  oaths  and  affirmations  con- 
cerning any  demand  upon  the  treasury,  and  in  all  matters  relating 
to  the  duties  of  the  board  of  trustees,  and  to  witnesses  examined 
in  any  investigation  had  by  said  board,  or  by  any  committee 
thereof  duly  authorized  to  make  such  investigation.  Said  presi- 
dent may  issue  subpoenas  under  his  hand  and  the  seal  of  such 
city,  attested  by  the  city  clerk  to  compel  the  attendance  of 
witnesses  before  such  board  of  trustees  or  committee  thereof. 
(Amendment  approved  March  19,  1889,  Stats.  1889,  p.  389.) 

ARTICLE  IV. 

EXECUTIVE   DEPARTMENT. 

Treasurer. 

786.  It  shall  be  the  duty  of  the  treasurer  to  receive  and  safely 
keep  all  moneys  which  shall  come  into  his  hands  as  city  treasurer, 
for  all  of  which  he  shall  give  duplicate  receipts,  one  of  which 
shall  be  filed  with  the  city  clerk.     He  shall  pay  out  said  money 
on  warrants  signed  by  the  proper  officers,   and  not  otherwise, 
except   interest   coupons   on   bonds.     He   shall   make    quarterly 
settlements  with  the  city  clerk.     He  shall  collect  all  taxes  levied 
by  the  board  of  trustees,  if  so  required  by  ordinance.     (Amend- 
ment approved  March  19,  1889,  Stats.  1889,  p.  395.) 

Assessor. 

787.  It  shall  be  the  duty  of  the  assessor  between  the  first 
Monday  in  March  and  the  first  day  of  August  in  each  year,  to 
make  out  a  true  list  of  all  taxable  property  within  the  city  or 
town.     The  mode  of  making  out  said  list,  and  proceedings  relating 
thereto,  shall  be  in  conformity  with  the  laws  now  in  force  regu- 
lating county  assessors,  except  as  the  same  may  be  otherwise 
provided  in  this  act,  or  by  ordinance.     Said  list  shall  describe  the 
property  assessed,  and  the  value  thereof,  and  shall  contain  all 
other  matters  required  to  be  stated  in   such  lists  by  county 


80  FIFTH  CLASS  CITIES 

assessors.  Said  assessor  shall  verify  said  list  by  his  oath,  and  shall 
deposit  the  same  with  the  clerk  on  or  before  the  first  Monday  of 
August  of  each  year.  Said  assessor  and  his  deputy  shall  have 
power  to  administer  all  oaths  and  affirmations  necessary  in  the 
performance  of  his  duty.  (Amendment  effective  July  29,  1921.) 

City  Clerk,  Duties  of. 

788.  It  shall  be  the  duty  of  the  city  clerk  to  keep  a  full  and 
true  record  of  all  the  proceedings  of  the  board  of  trustees  and  of 
the  board  of  equalization.  The  proceedings  of  the  board  of 
trustees  shall  be  kept  in  a  book,  marked  "Records  of  the  Board 
of  Trustees."  The  proceedings  of  the  board"  of  equalization 
shall  be  kept  in  a  separate  book,  marked  "Records  of  the  Board 
of  Equalization."  He  shall  keep  a  book  which  shall  be  marked 
"City  Accounts,"  in  which  shall  be  entered  as  a  credit  all  moneys 
received  by  the  city  for  licenses,  the  amount  of  any  tax  when 
levied,  and  all  other  moneys  received;  and  in  which  shall  be 
entered  upon  the  debtor  side  all  commissions  deducted,  and  all 
warrants  drawn  on  the  treasury.  He  shall  also  keep  a  book, 
marked  "Marshal's  Account,"  in  which  he  shall  charge  the  city 
marshal  with  all  the  tax  lists,  if  any,  delivered  to  him,  and  all 
licenses  delivered  to  him.  He  shall  credit  the  marshal  with 
the  delinquent  lists  returned  by  him.  He  shall  also  keep  a  book, 
marked  "Treasurer's  Account,"  in  which  he  shall  keep  a  full 
account  of  the  transactions  of  the  city  with  the  treasurer.  He 
shall  also  keep  a  book,  marked  "City  Licenses,"  in  which  he 
shall  enter  all  licenses  delivered  by  him  to  the  marshal,  and  the 
amount  thereof.  He  shall  also  keep  a  book  marked  "City  Or- 
dinances," into  which  he  shall  copy  all  city  ordinances,  with 
his  certificate  annexed  to  said  copy,  stating  the  foregoing  ordi- 
nance is  a  true  and  correct  copy  of  an  ordinance  of  such  city,  and 
giving  the  number  and  title  of  said  ordinance,  and  stating  that 
the  same  has  been  published  or  posted  according  to  law.  Said 
record  copy,  with  said  certificate,  or  the  original  ordinance, 
shall  be  prima  facie  evidence  of  the  contents  of  the  ordinance 
and  of  the  due  passage  and  publication  of  the  same,  and  shall  bo 
admissible  as  such  evidence  in  any  court  or  proceeding.  Said 
records  shall  not  be  filed  in  any  case,  but  shall  be  returned  to 
the  custody  of  the  city  clerk.  Nothing  herein  contained  shall 
be  construed  to  prevent  the  proof  of  the  passage  and  publication 
of  ordinances  in  the  usual  way.  Each  of  the  foregoing  books, 
except  the  records  of  the  board  of  trustees  and  the  board  of  equal- 
ization, shall  have  a  general  index,  sufficiently  comprehensive 
to  enable  a  person  readily  to  ascertain  matters  contained  therein. 
The  city  clerk  shall  also  keep  a  book,  marked  "Demands  and 
Warrants,"  in  which  he  shall  note  every  demand  against  the 
city,  and  file  the  same.  He  shall  state  therein,  under  the  note 


FIFTH  CLASS  CITIES  81 

of  the  demands,  the  final  disposition  made  of  the  same;  and  if 
the  same  is  allowed  and  a  warrant  is  drawn,  he  shall  also  state 
the  number  of  the  warrant,  with  sufficient  dates.  This  book 
shall  contain  an  index,  in  which  reference  shall  be  made  to  each 
demand.  Upon  the  completion  of  the  assessment  roll  for  any 
of  the  taxes  of  the  city,  and  levying  of  the  tax  thereon,  the  city 
clerk  shall  apportion  the  taxes  upon  such  assessment  roll,  and 
shall  deliver  it  to  the  officer  charged  with  the  duty  of  collecting 
taxes.  It  shall  not  be  necessary  to  make  a  duplicate  assessment 
roll.  He  may  appoint  a  deputy,  for  whose  acts  he  and  his  bonds- 
men shall  be  responsible;  and  he  and  his  deputy  shall  have  power 
to  administer  oaths  and  affirmations,  to  take  affidavits  and  depo- 
sitions to  be  used  in  any  court  or  proceeding  in  the  state,  and  to 
certify  the  same.  He  and  his  deputies  shall  take  all  the  necessary 
affidavits  to  demands  against  the  city,  and  certify  the  same 
without  charge.  He  shall  be  the  custodian  of  the  seal  of  such 
city.  He  shall  make  a  quarterly  statement,  in  writing,  showing 
the  receipts  and  expenditures  of  the  city  for  the  preceding  quarter, 
and  the  amount  remaining  in  the  treasury.  He  shall,  at  the  end 
of  every  fiscal  year,  make  a  full  and  detailed  statement  of  the 
receipts  and  expenditures  of  the  preceding  year,  and  a  full  state- 
ment of  the  financial  condition  of  the  affairs  of  the  city,  which 
shall  be  published.  He  shall  perform  such  other  services  as 
this  act  and  the  ordinances  of  the  board  of  trustees  shall  require. 
(Amendment  approved  March  19,  1889,  Stats.  1889,  p.  389.) 

City  Attorney. 

789.  It  shall  be  the  duty  of  the  city  attorney  to  appear  and 
represent  the  city  in  all  actions  pending  in  any  court  in  which 
the  city  is  a  party,  or  in  which  it  is  interested,  and  he  shall  also 
appear  and  represent  the  people  in  all  actions  prosecuted  in  any 
court  for  the  violation  of  any  of  the  ordinances  of  said  city,  or 
involving  the  validity  of  any  municipal  ordinances  or  acts  of  said 
city,  and  in  all  actions  or  proceedings  to  which  said  city  may  be 
a  party.     He  shall  advise  the  city  authorities  and  officers  in  all 
legal  matters  pertaining  to  the  business  of  said  city  and  render 
such  other  services  in  the  line  of  his  profession  as  may  be  required 
of  him  by  the  board  of  trustees.     (Amended  1889,  Stats.  1889, 
p.  395.    Also  amended  1915,  Stats.  1915,  p.  170.) 

Police  Department  under  Control  of  City  Marshal. 

790.  The  department  of  the  police  of  said  city  shall  be  under 
the  direction  and  control  of  the  city  marshal;   and  for  the  sup- 
pression of  any  riot,  public  tumult,  disturbance  of  the  peace,  or 
resistance  against  the  laws  or  public  authorities  in  the  lawful 
exercise  of  their  functions,   he  shall  have  the  powers  that  are 


82  FIFTH  CLASS  CITIES 

now  or  may  hereafter  be  conferred  upon  sheriffs  by  the  laws  of 
the  state,  and  shall,  in  all  respects,  be  entitled  to  the  same  pro- 
tection; and  his  lawful  orders  shall  be  promptly  executed  by 
deputies,  police  officers  and  watchmen  in  said  city,  and  every 
citizen  shall  also  lend  him  aid,  when  required,  for  the  arrest  of 
offenders  and  maintenance  of  public  order.  He  shall  and  is 
hereby  authorized  to  execute  and  return  all  process  issued  and 
directed  to  him  by  any  legal  authority.  It  shall  be  his  duty  to 
prosecute  before  the  recorder  all  breaches  or  violations  of  or 
non-compliance  with  the  city  ordinance  which  shall  come  to  his 
knowledge.  He  shall  collect  all  taxes  levied  by  the  board  of 
trustees,  except  as  is  herein  provided.  He  shall,  at  the  expira- 
tion of  any  month,  pay  to  the  city  treasurer  all  taxes  and  other 
funds  of  said  city  collected  by  him  during  said  month.  He  shall, 
upon  payment  of  the  money,  file  with  the  treasurer  an  affidavit, 
stating  that  the  money  so  paid  is  all  the  taxes  or  funds  that  he 
has  collected  or  received  during  the  preceding  month.  He  shall, 
upon  the  receipt  of  any  tax  list,  give  his  receipt  for  the  same  to 
the  city  clerk,  and  shall,  upon  depositing  with  the  city  clerk 
the  delinquent  tax  list,  take  his  receipt  therefor.  He  shall 
receive  from  the  clerk  all  city  licenses  and  collect  the  same. 
He  shall  have  charge  of  the  city  prison  and  prisoners,  and  of 
any  chain  gang  which  may  be  established  by  the  board  of  trustees. 
He  shall,  for  service  of  any  process,  receive  the  same  fees  as  con- 
stables. He  may  appoint,  subject  to  the  approval  of  the  board 
of  trustees,  one  or  more  deputies,  for  whose  acts  he  and  his  bonds- 
men shall  be  respons'ble,  whose  only  compensation  shall  be  fees 
for  the  service  of  process,  which  shall  be  the  same  as  those  allowed 
to  the  city  marshal.  He  may  also,  with  the  concurrence  of  the 
president  of  the  board  of  trustees,  when  the  same  may  be  of  them 
deemed  necessary  for  the  preservation  of  public  order,  appoint 
additional  policemen,  who  shall  discharge  the  duties  assigned 
them  for  one  day  only.  He  shall  perform  such  other  services  as 
this  act  and  the  ordinances  of  the  board  of  trustees  shall  require, 
and  shall  receive  such  compensation  from  the  city  as  shall  be 
fixed  by  ordinance,  in  addition  to  such  mileage  and  fees  as  he 
shall  receive  in  the  service  of  process  of  the  courts  of  this  state, 
other  than  the  recorder's  court  of  such  city,  which  mileage  and 
fees  shall  be  the  same  as  is  allowed  by  law  to  constables  in  the 
county  in  which  such  city  is  situated.  (Amendment  approved 
March  23,  1893,  Stats.  1893,  p.  299.  Also  amended  in  1889,  Stats. 
1889,  p.  396.) 

Board  to  Fix  Compensation. 

791.  The  board  of  trustees  shall,  by  ordinances  not  inconsistent 
with  the  provisions  of  this  chapter,  prescribe  the  additional 
duties  of  all  officers,  and  fix  their  compensation. 


FIFTH  CLASS  CITIES  83 

ARTICLE  V. 

SCHOOL  DEPARTMENT. 

School  District. 

795.  From  and  after  the  organization  of  each  of  such  cities, 
the  same  shall  constitute  a  separate  school  district,  which  shall 
be  governed  by  the  board  of  education  of  such  city;   provided 
the  board  of  supervisors  may  include  more  territory  in  such 
school  district  than  that  included  in  such  city,  and  in  that  case 
such  outside  territory  shall  be  deemed  a  part  of  such  city  for  the 
purpose  of  holding  the  general  municipal  election,  and  shall  be 
an  election  precinct  by  itself  and  its  qualified  electors  shall  vote 
only  for  the  board  of  education,  and  said  outside  territory  shall 
be  deemed  to  be  a  part  of  said  city  for  all  matters  connected 
with  the  school  department,  and  the  annual  levying  and  collect- 
ing of  the  property  tax  for  the  school  fund.     (Amendment  approved 
March  7,  1891,  Stats.  1891,  p.  28.) 

Vacancy  in  Board. 

796.  In  case  a  vacancy  shall   occur  in  the   office   of  school 
director,  the  board  of  education  shall  choose  a  person  to  fill  such 
vacancy,  who  shall  serve  until  the  next   election,  when,  if  the 
term  does  not  then  expire,  a  person  shall  be  elected  to  serve  for 
the  remainder  of  such  unexpired  term. 

Meetings. 

797.  The  board  of  education  shall  meet  on  the  second  Tuesday 
after  such  general  municipal  election,  and  choose  one  of  its  mem- 
bers as  president,  and  shall  appoint  a  secretary,  who  shall  hold 
at   the  pleasure   of  said  board.     The  regular  meetings  of  said 
board  shall  thereafter  be  held  as  often  as  once  in  each  month, 
in  the  place  provided  for  the  board  of  trustees,  and  the  time  for 
holding  such  meetings  shall  be  fixed  by  the  board  of  education. 
Special  meetings  of  said  board  may  be   held  when  called  by 
written  notice,  signed  by  its  president,  or  three  of  its  members, 
and  delivered  personally  to  each  of  its  members  who  shall  not 
have  signed  the  same.     Three  members  shall  constitute  a  quorum, 
and  no  business  shall  be  transacted  by  said  board  of  education 
without  the  concurrence  of  three  of  its  members;  but  a  majority 
of  the  members  present  at  any  meeting  may  adjourn  from  time 
to  time.     All  the  meetings  of  said  board  of  education  shall  be 
public,  and  full  records  of  its  proceedings  shall  be  kept  by  the 
secretary  of  said  board.     The  members  of  the  board  of  educa- 
tion shall  receive  no  compensation  for  their  services  as  school 
directors.     (Amendment   approved  March  7,    1891,    Stats.    1891, 
p.  114.) 

Powers  of  Board. 

798.  The  board  of  education  shall  have  power: 

1.     To  establish  and  maintain  public,  primary,  kindergarten, 


84  FIFTH  CLASS  CITIES 

grammar,    and   evening   schools,    and   to   subdivide   the   school 
districts,  and  to  fix  and  alter  the  boundaries  of  such  subdivisions. 

2.  To  employ  and  dismiss  a  superintendent  of  schools,  teachers, 
janitors,  truant  officers,  and  school  census  marshals,  and  to  fix, 
alter,  allow  and  order  paid  their  salaries  or  compensations;  and 
to  employ  and  pay  such  mechanics  and  laborers  as  may  be  neces- 
sary to  carry  into  effect  the  powers  hereby  conferred. 

3.  To  make,  establish,  and  enforce  all  necessary  or  proper 
rules  and  regulations,  not  in  conflict  with  the  laws  of  this  state, 
for  the   government  and  management  of  public  schools  within 
such  city,  the  teachers  thereof,  and  the  pupils  therein,  and  for 
carrying  into  effect  the  laws  relating  to  education. 

4.  To  provide  for  the  school  department  of  such  city,  fuel 
and  lights,   water,   printing  and  stationery,   and  to  incur  such 
other  incidental  expenses  as  may  be  deemed  necessary  by  said 
board. 

5.  To  build,   alter,   repair,   rent  and  provide  school   houses, 
and  to  furnish  the  same  with  proper  school  furniture,  apparatus, 
and  appliances,  and  to  insure  any  and  all  school  property. 

6.  To  purchase,  receive,  lease,  and  hold  in  fee,  in  trust  for 
such  city,   any  and  all  real  estate  and  personal  property  that 
may  have  been  acquired,  or  may  hereafter  be  acquired,  for  the 
use  and  benefit  of  the  schools  of  such  city;  provided,  that  no  real 
estate  shall  be  bought,  sold,  or  exchanged,  nor  any  expenditure 
incurred  for  the  construction  of  new  school  houses,  without  the 
approval  of  the  board  of  trustees;   and  provided,  further,  that 
the  proceeds  of  any  such  sale  or  exchange  of  real  estate  shall  be 
exclusively  applied  to  the  purchase  of  other  lots  for  the  erection 
of  school  houses. 

7.  To  grade,  fence,  and  improve  all  school  lots. 

8.  To  determine  annually  the  amount  of  money  required  for 
the  support  of  public  schools,  and  for  carrying  into  effect  all  the 
provisions  of  law  in  reference  thereto;   and  in  pursuance  of  this 
provision,  the  board  of  education  shall,  at  least  ten  days  before 
the  meetings  of  the  board  of  trustees  at  which  the  annual  city 
taxes  are  levied,  submit  in  writing  to  the  board  of  trustees  a 
careful  estimate  of  the  whole  amount  of  money  to  be  received 
from  the  state  and  county,  and  of  the  amount  to  be  required 
from  such  city  for  the  above-mentioned  purposes;  and  the  amount 
so  found  to  be  required  from  the  city  shall,  by  the  board  of 
trustees,  be  added  to  the  above  amounts  to  be  assessed  and  col- 
lected for  city  purposes,  and  when  collected,  the  proceeds  thereof 
shall  be  immediately  paid  into  the  school  fund  of  such  city,  to 
be  drawn  out  only  upon  the  order  of  the  board  of  education; 
provided,  that  such  annual  tax  shall  not  exceed  twenty-five;  cents 


FIFTH  CLASS  CITIES  85 

on  each  one  hundred  dollars  of  assessed  valuation  of  the  real  and 
personal  property  within  such  city. 

9.  To  establish  regulations  for  the  just  and  equal  disburse- 
ment of  all  moneys  belonging  to  the  school  fund. 

10.  To  discharge  all  legal  encumbrances  existing  at  the  time 
of  the  incorporation  of  such  city,  or  thereafter,  on  any  school 
property  within  such  city. 

11.  To  admit  non-resident  children,  and  persons  over  twenty- 
one  years  of  age,  to  any  of  the  departments  of  the  schools  of  such 
city,  upon  the  payment  monthly,  in  advance,  of  such  tuition  fees 
as  said  board  may  establish. 

12.  To  prohibit  any  children  under  six  years  of  age  from  attend- 
ing the  public  schools. 

13.  To  establish  and  regulate  the  grades  of  schools  in  such 
city,  and  the  course  of  study,  and  the  mode  of  instruction  to  be 
pursued  therein,  and  determine  what  tex't  books  shall  be  used. 

14.  To  do  and  perform,  in  addition  to  the  foregoing  powers, 
such  other  acts  as  may  be  necessary  or  proper  to  carry  into  effect 
the  powers  hereby  conferred.     (Amendment  adopted  March  14, 
1899,  Stats.  1899,  p.  98.) 

Board  May  Sue  and  Be  Sued. 

799.  The  board  of  education  may  sue  and  be  sued  by  their 
name  of  office.     In  any  action  or  judicial  proceeding  against  said 
board,  service  of  process  upon  the  president,  or  upon  a  majority 
of  the  members  of  the  board  shall  be  sufficient  to  give  the  court 
jurisdiction  to  hear  and  determine  the  same. 

Treasurer  Custodian  of  Moneys. 

800.  All    moneys   received   by   the    treasurer   of   the   county 
wherein  such   city  may  be  situated,   on  account  of  the  school 
fund  of  such  city,  or  the  school  district  consisting  of  the  same, 
and  all  sums  received  into  the  county  treasury,  which  may  be 
apportioned  to  said  city  or  district,  shall  be  paid  to  the  treasurer 
of  such  city,  by  the  treasurer  of  such  county,  as  soon  as  received, 
or  as  soon  as  the  apportionment  shall  be  made,  when  apportion- 
ment is  necessary,  upon  the  order  of  the  board  of  education. 

Demands. 

801.  The  president  of  the  board  of  education  shall  have  power 
to   administer   oaths   and   affirmations   concerning   any   demand 
upon  the  treasury,  payable  out  of  the  school  fund,  and  in  all  other 
matters  relating  to  the  duties  of  the  board  of  education,  and  to 
witnesses  examined  in  any  investigation  had  by  such  board  of 
education,  or  by  a  committee  thereof,  duly  appointed  by  it,  for 
that  purpose. 


86  FIFTH  CLASS  CITIES 

President  May  Compel  Witnesses. 

802.  Said  president  may  issue  subpoenas  under  his  hand  and 
the  seal  of  such  city,  attested  by  the  city  clerk,  to  compel  the 
attendance  of  witnesses  before  such  board  of  education,  or  com- 
mittee thereof,  who  shall  be  entitled  to  the  same  fees  as  witnesses 
in  civil  cases,  and  who  may  be  punished  for  contempt  for  non- 
attendance,  or  refusal  to  be  sworn,  or  to  answer,  by  the  superior 
court  of  the  county  in  which  such  city  may  be  situated. 

Warrants. 

803.  Every  claim  payable  out  of  the  school  fund  shall  be  filed 
with  the  secretary  of  the  board  of  education,  and  after  it  shall 
have  been  approved  by  the  board  a  certificate  of  such  approval 
shall  be  endorsed  thereon,  signed  by  the  president  and  secretary, 
and  a  warrant  upon  the  school  fund  shall  be  issued  thereon  for 
the  payment  of  such  claim,  which  warrant  Shall  be  signed  by 
the  president  of  such  board,  and  countersigned  by  the  secretary 
and  shall  specify  for  what  purpose  the  same  is  drawn. 

Duties  of  Secretary. 

804.  The  secretary  shall  report  to  the  board  annually,  and  at 
such  other  times  as  they  may  require,  all  matters  pertaining  to 
the  expense,  income,  condition,  and  progress  of  the  public  schools 
of  said  city  during  the  preceding  year,  with  such  recommenda- 
tions as  he  may  deem  proper.     He  shall  observe,  and  cause  to 
be  observed,  such  general  rules  and  regulations  for  the  govern- 
ment of  and  instruction  in  the  schools,  not  inconsistent  with  the 
laws  of  the  state,  as  may  be  established  by  the  board  of  educa- 
tion.    He  shall  attend  the  sessions  of  the  board,  and  inform  them 
at  each  session  of  the  condition  of  the  public  schools,  school 
houses,   school  funds,   and  other  matters  connected  therewith, 
and  recommend  such  measures  as  he  may  deem  necessary  for 
the  advancement  of  education  in  the  city,  and  shall  perform  such 
other  duties  as  may  be  required  of  him  by  the  board.     He  shall 
receive  as  compensation  for  his  services,  payable  our  of  the  school 
fund,  such  sum  as  the  board  of  education  from  time  to  time  may 
allow. 

Fund  Shall  Not  Be  Diverted. 

805.  The  entire  revenue  derived  by  such  city  from  the  state 
school  fund  and  the  state  school  tax  shall  be  applied  by  said 
board  of  education  exclusively  to  the  support  of  primary  and 
grammar  schools. 

ARTICLE  VI. 

JUDICIAL  DEPARTMENT. 

Recorder's  Court. 

806.  A  recorder's  court  is  hereby  established  in  such  city, 


FIFTH  CLASS  CITIES  87 

to  be  held  by  the  recorder  of  such  city;  provided,  that  the  pro- 
visions of  this  section  as  to  the  establishment  of  the  recorder's 
court  and  recorders  in  such  city  shall  not  apply  to  any  such 
city  in  which  a  city  justice's  court  or  a  city  justice  of  the  peace 
is  now  or  may  hereafter  be  established,  and  any  recorder's  court 
now  existing  in  any  such  last  mentioned  city  is  hereby  abolished. 
The  justice  of  the  peace  of  any  city  wherein  said  recorder's  court 
shall  have  been  abolished  or  which  may  hereafter  be  abolished 
is  the  successor  of  the  recorder  of  such  city  whose  court  has  been 
abolished  as  aforesaid;  and  all  records,  registers,  dockets,  books, 
papers,  causes,  actions,  and  proceedings  lodged,  deposited  or 
pending  before  said  recorder's  court  or  before  the  recorder  of 
said  city,  are  transferred  to  the  justice's  court  of  said  city,  which 
shall  have  the  same  power  and  jurisdiction  over  them  as  if  they 
had  been  in  the  first  instance  lodged,  deposited,  filed,  or  com- 
menced therein.  Said  recorder's  court  shall  have  jurisdiction, 
concurrently  with  the  justice's  court,  of  all  actions  and  proceed- 
ings, civil  and  criminal,  arising  within  the  corporate  limits  of 
such  city,  and  which  might  be  tried  in  such  justice's  court;  and 
shall  have  exclusive  jurisdiction  of  all  actions  for  the  recovery 
of  any  fine,  penalty,  or  forfeiture  prescribed  for  the  breach  of 
any  ordinance  of  such  city,  of  all  actions  founded  upon  any  obli- 
gation or  liability  created  by  any  ordinance,  and  of  all  prosecu- 
tions for  any  violation  of  any  ordinance.  In  all  civil  actions  for 
the  recovery  of  any  fine,  penalty,  or  forfeiture  prescribed  for  the 
breach  of  any  ordinance  of  such  city,  where  the  fine,  penalty  or 
forfeiture  imposed  by  the  ordinance  is  not  more  than  fifty  dollars, 
the  trial  must  be  by  the  court,  in  civil  actions  where  the  fine, 
penalty  or  forfeiture  prescribed  for  the  breach  of  any  ordinance 
of  such  city  is  over  fifty  dollars,  the  defendant  is  entitled  to  a 
jury.  Except  as  in  this  section  otherwise  provided,  the  rules 
of  practice  and  mode  of  proceeding  in  said  recorder's  court  shall 
be  the  same  as  are  or  may  be  prescribed  by  law  for  justices' 
courts  in  like  cases,  and  appeals  may  be  taken  to  the  superior 
court  of  the  county  in  which  such  city  may  be  situated,  from  all 
judgments  of  said  recorder's  court  in  like  manner  and  with  a 
like  effect  as  in  cases  of  appeal  from  justices'  courts.  (Amend- 
ment approved  March  15,  1907,  Stats.  1907,  p.  272.  Also  amended 
in  1905,  Stats.  1905,  p.  72.) 

Powers  of  Recorder  as  Judge. 

807.  The  recorder  shall  be  judge  of  the  recorder's  court,  and 
shall  have  the  powers  and  perform  the  duties  of  a  magistrate. 
He  may  administer  and  certify  oaths  and  affirmations,  and  take 
and  certify  acknowledgments.  He  shall  be  entitled  to  charge 
and  receive  for  his  services  such  fees  as  are  or  may  be  allowed  by 
law  to  justices  of  the  peace  for  like  services,  except  that  for  his 


88  FIFTH  CLASS  CITIES 

services  in  criminal  prosecution  for  violation  of  ordinances  he 
shall  be  entitled  to  receive  only  such  monthly  salary  as  the  board 
of  trustees  shall  by  ordinance  prescribe;  which  compensation, 
when  once  fixed,  shall  not  be  altered  within  two  years. 

Recorder,  When  Disqualified  as  Judge. 

808.  In  all  cases  in  which  the  recorder  is  a  party,  or  in  which 
he  is  interested,  or  when  he  is  related  to  either  party  by  con- 
sanguinity or  affinity  within  the  third  degree,  or  is  otherwise 
disqualified,  or  in  case  of  sickness  or  inability  to  act,  the  recorder 
may  call  in  a  justice  of  the  peace  residing  in  the  city,  to  act  in 
his  place  and  stead;  or  if  there  be  no  justice  of  the  peace  residing 
in  the  city,  or  if  all  those  so  residing  are  likewise  disqualified, 
then  he  may  call  in  any  justice  of  the  peace  residing  in  the  county 
in  which  such  city  may  be  situated. 

ARTICLE  VII. 

MISCELLANEOUS  PROVISIONS. 

Collection  of  Moneys. 

810.  Every  officer  collecting  or  receiving  any  moneys  belong- 
ing to  or  for  the  use  of  such  city  shall  settle  for  the  same  with 
the  clerk  on  the  first  Monday  in  each  month,  and  immediately 
pay  the  same  into  the  treasury,  on  the  order  of  the  clerk,  for  the 
benefit  of  the  funds  to  which  such  moneys  respectively  belong. 

No  Officer  to  Be  Interested  in  Contract. 

811.  No  officer  of  such  city  shall  be  interested,  directly  or 
indirectly,  in  any  contract  with  such  city,  or  with  any  of  the 
officers  thereof,  in  their  official  capacity,  or  in  doing  any  work 
or  furnishing  any  supplies  for  the  use  of  such  city  or  its  officers 
in  their  official  capacity;    and  any  claim  for  compensation  for 
work  done,  or  supplies  or  materials  furnished,  in  which  any  such 
officer  is  interested,  shall  be  void,  and  if  audited  and  allowed 
shall  not  be  paid  by  the  treasurer.     Any  wilful  violation  of  the 
provisions  of  this  section  shall  be  a  ground  for  removal  from 
office,  and  shall  be  deemed  a  misdemeanor,  and  punished  as  such. 

Nuisances. 

812.  Every  act  or  thing  done  or  being  within  the  limits  of 
such  city,  which  is  or  may  be  declared  by  law  or  by  any  ordi- 
nance of  such  city  to  be  a  nuisance,  shall  be  and  is  hereby  declared 
to  be  a  nuisance,  and  shall  be  considered  and  treated  as  such  in 
all  actions  and  proceedings  whatever;   and  all  remedies  which 
are  or  may  be  given  by  law  for  the  prevention  and  abatement 
of  nuisances  shall  apply  thereto. 


FIFTH  CLASS  CITIES  89 

Fire  Departments. 

813.  The  fire  department  of  a  city  of  the  fifth  class  shall  con- 
sist of  companies  of  volunteer  or  paid  firemen,  as  the  board  of 
trustees  may  determine,  organize  into  engine,  hose,  or  hook-and- 
ladder  companies.  Such  fire  department,  except  where  the  same 
comprises  one  or  more  companies  of  paid  firemen,  and  such  com- 
panies of  volunteer  firemen,  shall  elect  their  own  officers;  but 
the  board  of  trustees  shall  appoint  the  chief  and  other  officers 
of  such  department,  where  the  same  comprises  one  or  more 
companies  of  paid  firemen.  The  election  of  any  person  as  chief 
of  any  such  volunteer  fire  department  shall  be  forthwith  certified 
by  the  secretary  of  said  department  to  the  board  of  trustees  of 
such  city,  and  by  them,  at  their  next  regular  meeting  confirmed. 
The  chief  of  the  fire  department  shall  give  a  bond  to  the  chairman 
of  the  board  of  trustees  of  such  city,  in  the  sum  of  one  thousand 
dollars;  the  chief  of  every  fire  department  shall  inquire  into  the 
cause  of  every  fire  occurring  in  the  city,  and  keep  a  record  thereof. 
He  shall  have  exclusive  control  of  the  working  of  the  fire  depart- 
ment in  time  of  conflagration  or  fire.  He  must  aid  in  the  enforce- 
ment of  all  fire  ordinances  duly  enacted,  examine  building  in 
process  of  erection,  report  violation  of  ordinances  relating  to 
the  prevention  and  extinguishment  of  fires  when  directed  by  the 
proper  authorities,  and  institute  proceedings  therefor,  and  shall 
have  general  control,  management,  and  direction  of  the  fire 
companies,  hose,  hook-and-ladder  companies,  and  engine,  and 
fire  departments  of  such  city,  and  shall  perform  such  other  duties 
as  may  be  by  the  ordinances  of  said  city,  or  by  law,  imposed 
upon  him.  His  compensation,  which  shall  not  be  lea's  than  ten 
dollars  per  month,  must  be  fixed  and  paid  by  the  board  of  city 
trustees.  (Amendment  approved  February  20,  1905,  Stats.  1905, 
p.  16.  Also  amended  in  1897,  Stats.  1897,  p.  183.) 


MUNICIPAL  CORPORATIONS  OF  THE 
SIXTH   CLASS. 

For  an  act  to  enable  municipal  corporations  of  the  sixth  class 
to  elect  officers,  see  Act  3089. 

ARTICLE  I. 

GENERAL  POWERS. 

Sixth  Class. 

850.  Every  municipal  corporation  of  the  sixth  class  shall  be 

entitled  the  city   (or  town)  of (naming  it), 

and  by  such  name  shall  have  perpetual  succession,  may  sue  and 
be  sued  in  all  courts  and  places,  and  in  all  proceedings  whatever; 
shall  have  and  use  a  common  seal,  alterable  at  the  pleasure  of 
the  city  or  town  authorities,  and  may  purchase,  lease,  receive, 
hold,  and  enjoy  real  and  personal  property,  and  control  and  dis- 
pose of  the  same  for  the  common  benefit. 

ARTICLE  II. 

GENERAL  PROVISIONS    RELATING  TO   OFFICERS. 

Municipal  Officers. 

851.  The  government  of  such  city  or  town  shall  be  vested  in 
a  board  of  trustees,  to  consist  of  five  members;  a  clerk,  who  shall 
be  ex-officio  assessor;   a  treasurer;   a  marshal,  to  be  appointed 
by  the  board  of  trustees,  who  shall  be  ex-officio  tax  and  license 
collector;  ^.  recorder  to  be  appointed  by  the  board  of  trustees; 
and  such  subordinate  officers  as  are  hereinafter  provided  for. 
(Amendment  approved  March  9,  1911,  Stats.  1911,  p.  316.     Also 
amended  in  1895,  Stats.  1895,  p.  266.) 

Elections — Terms  of  Trustees,  Appointive  Officers. 

852.  The  members  of  the  board  of  trustees  and  the  clerk  and 
treasurer  shall  be  elected  by  the  qualified  electors  of  said  city  or 
town  at  a  general  municipal  election.     Such  a  general  municipal 
election  shall  be  held  therein  on  the  second  Monday  in  April  in 
each  even  numbered  year.     Members  of  the  board  of  trustees  and 
the  clerk  and  the  treasurer  shall  hold  office  for  the  period  of  four 
years  from  and  after  the  Monday  next  succeeding  the  day  of  such 
election,  and  until  their  successors  are  elected  and  qualified.  The 
respective  terms  of  the  members  of  the  first  board  of  trustees 
elected  under  the  provisions  of  this  section  shall  be  determined 
as  follows:  the  two  members  elected  by  the  highest  number  of 
votes  shall  hold  office  for  four  years,  and  the  three  members 
elected  by  the  lowest  number  of  votes  shall  hold  office  for  two 
years.     In  the  event  that  two  or  more  persons  should  be  elected 


SIXTH  CLASS  CITIES  91 

by  the  same  number  of  votes,  the  respective  terms  of  each  shall 
be  decided  by  lot.  The  board  of  trustees  shall  appoint  the  marshal 
and  the  recorder;  they  may  also,  in  their  discretion,  appoint  an 
attorney,  a  superintendent  of  streets,  a  civil  engineer,  and  such 
other  subordinate  officers  as  in  their  judgment  may  be  deemed 
necessary,  and  fix  their  compensation.  Said  officers  shall  hold 
office  during  the  pleasure  of  said  board. (Amendment  approved 
April  5,  1919.) 

City  of  Sonora  v.  Curtin,  137  Cal.  583,  584;  Grieb  v.  Zemansky,  157  Cal. 
315,  316;  Folsom  v.  Conklin,  3  Cal.  App.  480,  483. 

In  absence  of  express  or  implied  restrictions  in  charter,  cities  have 

power  to  remove  officers  for  cause,  without  express  grant  of  power.  (Croly 
v.  Sacramento,  119  Cal.  234.) 

Article  XI,  Section  18  of  the  Constitution,  which  provides  that  no  city 
shall  incur  liability  exceeding  in  any  year  the  income  and  revenue  provided 
for  such  year,  has  no  application  to  the  liability  of  a  city  for  the  salary  of  a 
municipal  officer.  (Lewis  v.  Widber,  99  Cal.  412.) 

The  mere  appointment  or  election  of  a  municipal  officer  for  a  specified 
time  and  salary  creates  no  contractual  relation.  (Coyne  v.  Rennie,  97 
Cal.  590.) 

Making  the  marshal  ex-officio  tax  collector  does  not  create  a  new  office, 
and  hence  the  sum  due  him  as  marshal  pays  for  his  services  as  tax  collector. 
(Redwood  City  v.  Cruminstein,  68  Cal.  515.) 


municipality.  The  exclusive  method  for  the  removal  of  such  officer  is 
that  found  in  the  provisions  of  sections  758-772  of  the  Penal  Code.  (Legault 
v.  Board  of  Trustees  of  the  City  of  Roseville,  161  Cal.  197.) 

The  board  of  trustees  cannot  fix  the  compensation  of  an  elective  officer 
at  such  a  low  figure  as  to  practically  destroy  the  office.  (De  Merritt  v. 
Weldon,  154  Cal.  545.) 

Election  on  Adoption  of  Commission  Form  of  Government. 

852a.  The  board  of  trustees  may  at  any  time  submit  to  the 
electors  at  any  municipal  or  at  any  special  election  to  be  held 
for  that  purpose,  an  ordinance  to  divide  the  administration  of 
the  municipality  into  five  departments  and  provide  for  the  assign- 
ment of  its  several  members  to  be  the  heads  of  such  respective 
departments  and  to  be  appointed  as  the  commissioners  of  such 
respective  departments;  provided,  that  if  a  department  of  public 
health  be  created  the  commissioner  in  charge  may  be  given  the 
powers  and  duties  of  the  municipal  board  of  health,  and  such 
health  board  be  thereby  abolished.  Such  ordinances  shall  define 
the  duties,  powers  and  responsibilities  of  each  commissioner  and 
may  require  such  commissioner  to  devote  a  specified  number  of 
hours  of  each  business  day  to  the  performance  of  such  duties, 
in  which  event  such  commissioner  may  receive  a  compensation, 
the  amount  of  same  to  be  fixed  by  said  ordinance.  The  board 
may,  by  majority  vote,  subject  to  the  provisions  of  this  section, 
assign  its  several  members  to  be  and  appoint  them  as  the  respective 
commissioners  6f  such  several  departments  and  may  by  like  vote 
from  time  to  time  change  such  assignment  and  appointment. 


92  SIXTH  CLASS  CITIES 

It  may  assign  employees  to  one  or  more  departments,  and  may 
make  such  other  rules  and  regulations  as  may  be  necessary  or 
proper  to  the  efficient  and  economical  conduct  of  the  business  of 
the  municipality.  The  substance  of  the  ordinance  so  proposed 
shall  be  printed  on  the  ballots  used  at  such  election  substantially 
as  follows:  Shall  the  administration  of  the  municipality  be 
divided  into  five  departments  as  follows:  (Insert  the  five  depart- 
ments of  government  proposed  and  briefly  designate  the  powers 
and  duties  conferred  upon  each  and  the  compensation  each  com- 
missioner or  head  of  department  shall  receive),  "Yes"  and  "No" 
so  printed  in  connection  therewith  that  the  voters  may  express 
their  choice.  The  returns  of  the  election  shall  be  canvassed  and 
declared  as  at  other  municipal  elections,  and  if  it  appears  that 
a  majority  of  the  votes  cast  at  such  election  were  in  favor  of  the 
ordinance,  such  ordinance  shall  take  effect  ai\d  be  in  force  on 
the  tenth  day  thereafter.  (New  section  approved  April  10,  1911, 
Stats.  1911,  p.  844.) 

The  constitutional  provision  that  the  powers  of  the  state  shall  be  divided 
into  legislative,  executive  and  judicial,  and  that  the  members  of  one  depart- 
ment should  have  no  part  in  the  management  cf  the  affairs  of  the  other 
departments,  refers  wholly  to  the  state  government.  (Staude  v.  Election 
Commissioners,  61  Cal.  313.) 

Election  on  Question  of  Appointment  of  City  Officers. 

852b.  The  board  of  trustees  may  submit  to  the  electors  at 
any  municipal  election  or  at  any  special  election  to  be  held  for 
that  purpose,  the  question  as  to  whether  the  elective  officers, 
or  any  of  them,  other  than  the  trustees,  shall  be  appointed  by 
said  board,  instead  of  being  elected  as  provided  in  the  preceding 
section.  The  question  so  submitted  shall  be  printed  on  the 
ballots  used  at  such  election  substantially  as  follows:  "Shall 

the  board  of  trustees  hereafter  appoint  the 

(naming  the  offices)  of  the  city  (or  town)  of ," 

with  the  word  "Yes"  and  "No,"  so  printed  in  connection  there- 
with that  the  voters  may  express  their  choice.  The  returns  of 
the  election  shall  be  canvassed  and  declared  as  at  other  muni- 
cipal elections,  and  if  it  appears  that  a  majority  of  the  votes 
cast  on  any  such  proposition  were  in  favor  of  the  appointment 
of  such  officers  or  any  of  them,  then  at  the  expiration  of  the  terms 
of  office  of  any  such  officials  then  in  office,  and  on  the  occurrence 
of  a  vacancy  in  any  such  offices,  such  elective  officers,  or  any  of 
them,  for  the  appointment  of  whom  such  majority  vote  was  so 
cast,  shall  thereafter  be  appointed  by  the  board  of  trustees  and 
hold  office  during  the  pleasure  of  such  board.  (New  section 
approved  April  10,  1911,  Stats.  1911,  p.  844.) 

Official  Bonds. 

853.  The  clerk,  treasurer,  and  marshal  shall*  respectively, 
before  entering  upon  the  duties  of  their  respective  offices,  each 


SIXTH  CLASS  CITIES  93 

execute  a  bond  to  such  city  or  town  in  such  penal  sum  as  the 
board  of  trustees  by  ordinance  may  determine,  conditioned  for 
the  faithful  performance  of  his  duties,  including  in  the  same 
bond  the  duties  of  all  offices  of  which  he  is  made  by  this  chapter 
ex-officio  incumbent;  such  bonds  shall  be  approved  by  the  board 
of  trustees.  All  bonds,  when  approved,  shall  be  filed  with  the 
clerk,  except  the  bond  of  the  clerk,  which  shall  be  filed  with 
the  president  of  the  board  of  trustees.  All  the  provisions  of 
any  law  of  this  state  relating  to  the  official  bonds  of  officers  shall 
apply  to  such  bonds,  except  as  herein  otherwise  provided.  Every 
officer  of  such  city,  before  entering  upon  the  duties  of  the  office, 
shall  take  and  file  with  the  clerk  the  constitution  and  oath  of 
office. 

Making  the  marshal  of  a  city  ex-officio  tax  collector  does  not  create  a 
new  office,  and  hence  for  h;s  default  as  tax  collector  the  sureties  on  his 
marshal's  bond  are  liable.  (Redwood  City  v.  Cruminstein,  68  Cal.  512.) 

Where  a  city  treasurer  pays  an  illegal  warrant,  knowing  it  to  be  illegal, 
out  of  the  money  set  apart  for  the  payment  of  the  warrant  substituted  for 
it,  whereby  the  fund  of  which  the  latter  is  payable  is  exhausted,  this  is  a 
misappropriation  of  funds  for  which  the  treasurer's  sureties  are  liable. 
(Preit  v.  De  Montanya,  85  Cal.  148.) 

Under  the  common  law  a  city  treasurer  is  not  liable  for  money  forcibly 
taken  from  him  by  robbers.  (Healdsburg  v.  Mulligan,  113  Cal.  205.) 

A  provision  of  an  ordinance  requiring  a  bond  by  a  surety  company  to 
the  exclusion  of  private  sureties  is  valid.  (In  re  Cardinal,  170  Cal.  519.) 

Vacancy  in  Office;  How  Filled,  Absence. 

854.  Any  vacancy  occurring  in  any  of  the  offices  provided  for 
in   this   act   shall    be   filled   by   appointment   by   the   board   of 
trustees;  but  in  the  event  of  said  board  of  trustees  failing  to  fill 
such  vacancy  by  appointment  within  thirty  days  after  vacancy 
occurs,  they  must,  if  said  office  be  an  elective  one,  immediately 
after  the  expiration  of  said  thirty  days  cause  an  election  to  be 
held  to  fill  said  vacancy,  provided,  however,  that  any  person 
appointed  or  elected  to  fill  such  vacancy  shall  hold  office  only 
until  the  next  regular  election,  at  which  time  a  person  shall  be 
elected  to  serve  for  the  remainder  of  such  unexpired  term.     In 
case  a  member  of  the  board  of  trustees  is  absent  from  the  city 
for  a  period  of  ninety  days,  unless  by  permission  of -the  board 
of  trustees,  his  office  shall  by  the  board  of  trustees  be  declared 
vacant,  and  the  same  filled  as  in  the  case  of  other  vacancies. 
(Amendment  approved  February  15,  1911,  Stats.  1911,  p.  58.) 

People  ex  rel.  Webster  v.  Babcock,  123  Cal.  307,  310. 

Trustees,  Compensation  May  Be  Granted  by  Electors. 

855.  The  members  of  the  board  of  trustees  shall  receive  no 
compensation  whatever;    provided,   that  in  all  such  cities,   the 
question  of  whether  the  members  of  such  board  or  any  of  them 
shall  receive  any  compensation  for  his  services  as  such,  member 


94  SIXTH  CLASS  CITIES 

and  the  amounts  thereof,  may  be  submitted  to  the  qualified 
electors  of  such  cities  at  any  general  election,  and  if  a  majority 
of  such  electors  voting  at  such  election  shall  vote  in  favor  thereof, 
then  such  trustee  or  trustees  shall  receive  the  compensation 
specified  in  the  call  submitting  such  question  at  such  election; 
such  compensation  to  begin  on  the  first  day  of  the  month  next 
succeeding  the  canvass  of  the  returns  of  such  election  and  the 
amount  so  fixed  shall,  from  such  date,  be  a  regular  charge  against 
such  city,  payable  the  same  as  other  fixed  salaries  are  paid. 
Such  compensation  may  be  increased  or  diminished  at  any  general 
election  thereafter,  by  submission  of  such  question  in  the  same 
manner  and  by  the  same  vote  as  herein  provided  for  the  original 
creation  of  such  compensation. 

The  clerk,  treasurer,  marshal,  and  recorder  shall  severally 
receive,  at  stated  times,  a  compensation,  to  be  fixed  by  ordi- 
nance by  the  board  of  trustees,  which  compensation  shall  not 
be  increased  or  diminished  after  their  election,  or  during  their 
several  terms  of  office.  Nothing  herein  contained  shall  be  con- 
strued to  prevent  the  board  of  trustees  from  fixing  such  several 
amounts  of  compensation  in  the  first  instance,  during  the  term 
of  office  of  any  such  officer,  or  after  his  election.  The  compen- 
sation of  all  other  officers  shall  be  fixed  from  time  to  time  by 
the  board  of  trustees.  (Amendment  approved  March  6,  1909, 
Stats.  1909,  p.  148.) 

Pritchett  v.  Stanislaus  County,  73  Cal.  310,  312;  Mundell  v  City  of  Pasa- 
dena, 87  Cal.  520,  522. 

Election  Provisions. 

8^6.  All  elections  in  such  city  or  town  shall  be  held  in  accor- 
dance with  the  general  election  laws  of  the  state,  so  far  as  the 
same  may  be  made  applicable,  or  such  election  laws  as  may  be 
provided  for  municipalities;  and  no  person  shall  be  entitled  to 
vote  at  such  election  unless  he  shall  be  a  qualified  elector  of  the 
county,  enrolled  upon  the  great  register  thereof,  and  shall  have 
resided  in  such  city  for  at  least  thirty  days  next  preceding  such 
election.  The  board  of  trvistees  shall  give  notice  of  each  election, 
shall  appoint  a  board  of  election,  and  fix  their  compensation;  and 
they  shall  establish  election  precincts  and  polling  places,  and  may 
change  the  same.  (Amendment  approved  July  29,  1921.) 

Hammond  v.  San  Leandrp,  135  Cal.  450,  454. 

A  regular  municipal  election  "is  a  general  election."  Statutes  of  1883, 
page  93,  section  4.  (People  v.  Town  of  Berkeley,  102  Cal.  298.) 

Where  the  boundary  between  two  election  districts  divides  a  ranch  so 
as  to  leave  a  bunk  house  and  part  of  a  dining  room  of  the  dwelling  house 
in  one  district,  while  a  larger  portion  of  the  dwelling  house  is  in  the  other 
district,  unmarried  laborers  employed  on  the  ranch,  who  sleep  in  the  bunk- 
house  and  take  their  meals  in  the  dining  room  are  authorized  to  vote  in 
the  first  district.  (Gray  v.  O'Banion,  23  Cal.  App.  468.) 

In  view  of  the  provisions  of  section  1044  and  1151  of  the  Political  Code 


SIXTH  CLASS  CITIES  95 

election  officers  for  a  municipal  election  are  not  required  to  be  made  in 
accord  with  the  provisions  of  section  1142  of  said  code.  (Booth  v.  Mott, 
169  Cal.  677.) 

A  cross  on  the  ballot  made  with  a  voting  stamp  immediately  to  the 
right  of  the  name  of  a  candidate  but  not  in  the  voting  square,  constitutes 
a  distinguishing  mark  under  section  1205  of  the  Political  Code.  (Gray  v. 
O'Banion,  23  Cal.  App.  468.) 

Eligibility  to  Office. 

857.  No  person  shall  be  eligible  to  hold  the  office  of  trustee 
in  such  city,  unless  he  be  a  resident  and  elector  therein,  and  shall 
have  resided  in  such  city  for  one  year  next  preceding  the  date 
of  his  election.     (Amendment   approved  April   16,    1913,   Stats. 
1913,  p.  34.     Also  amended  March  14,  1901,  Stats.  1901,  p.  293.) 

ARTICLE  III. 

LEGISLATIVE   DEPARTMENT. 

Meetings,  Organization,  Etc.,  of  Trustees. 

858.  The  board  of  trustees  shall  meet  on  the  Monday  next 
succeeding  the   date   of   said   general  municipal   election,    shall 
take  the  oath  of  office,  shall  choose  one  of  their  number  president, 
and  shall  hold  regular  meetings  at  least  once  in  each  month  at 
such  times  as  they  shall  fix  by  ordinance,  and  may  adjourn  any 
regular  meeting  to  a  date  certain,  which  shall  be  specified  in 
the  order  of  adjournment,  and  when  so  adjourned,  such  adjourned 
meeting  shall  be   a  regular  meeting  for  all  purposes.     Special 
meetings  may  be  called  at  any  time  by  the  president  of  the  board 
or  by  three  trustees  by  written  notice  delivered  to  each  member 
at  least  three  hours  before  the  time  specified  for  the  proposed 
meeting;    all  meetings  of  the  board  of  trustees  shall  be   held 
within    the  corporate  limits  of  the  city  at  such  place  as  may  be 
designated  by  ordinance  and  shall  be  public.      (Amendment  ap- 
proved June  3,  1913,  Stats.  1913,  p.  375.) 

City  of  Redondo  Beach  v.  Barkley,  151  Cal.  176,  181. 

Where  the  hour  of  assembling  for  an  adjourned  meeting  is  not  specified 
in  the  motion  to  adjourn,  such  adjourned  meeting  is  invalid  and  an  ordi- 
nance passed  thereat  is  void.  (Reed  v.  Wing,  168  Cal.  706.) 

Meetings. 

859.  At  any  meeting  of  the  board  of  trustees  a  majority  of  the 
trustees  shall  constitute  a  quorum  for  the  transaction  of  business, 
but  a  less  number  may  adjourn  from  time  to  time,  and  may  compel 
the  attendance  of  absent  members  in  such  manner  and  under  such 
penalties  as  may  be  prescribed  by  ordinance;  and  in  the  absence 
of  all  of  the  trustees  from  any  meeting  the  clerk  may  declare  the 
eame  postponed  and  adjourned  to  a  stated  day  and  hour,  and  must 
thereupon  give  to  each  of  the  trustees  written  notice  of  the  time 
to  which  the  meeting  has  been  adjourned,  which  notice  may  be 


96  SIXTH  CLASS  CITIES 

delivered  personally  to  the  trustee  or  may  be  left  at  his  known 
residence  or  place  of  business  at  least  six  hours  before  the  time  to. 
which  the  meeting  has  been  postponed.  The  president  of  the 
board  shall  preside  at  all  meetings  of  the  board,  and  in  case  of  his 
absence  the  board  may  appoint  a  president  pro  tempore,  and  in 
case  of  the  absence  of  the  clerk,  the  president  or  president  pro 
tempore  shall  appoint  one  of  the  members  of  the  board  clerk  pro 
tempore.  (Amendment  approved  May  5,  1919.) 

Rules. 

860.  The  board  of  trustees  shall  judge  of  the  qualifications 
of  its  members  and  of  all  election  returns,  and  determine  con- 
tested elections  of  all  city  officers.     They  may  establish  rules 
for  the  conduct  of  their  proceedings,  and  punish  any  member 
or  other  person  for  disorderly  behavior  at  any  meeting.     They 
shall  cause  the  clerk  to  keep  a  correct  journal  of  all  their  pro- 
ceedings, and  at  the  desire  of  any  member  shall  cause  the  ayes 
and  noes  to  be  taken  on  any  question,  and  entered  on  the  journal. 

McGregor  v.  Trustees  Burlingame,  159  Cal.  441,  443,  444,  445,  447. 

Jurisdiction  of  a  city  council  to  hear  and  determine  election  contests  is 
not  exclusive  but  merely  concurrent  to  that  of  the  Superior  Court. 
(Dawson  v.  Superior  Court,  13  Cal.  App.  582.) 

Franchises  and  Resolutions  to  Pay  Money. 

861.  No  ordinance,  and  no  resolution  granting  any  franchise 
for  any  purpose,  shall  be  passed  by  the  board  of  trustees  on  the 
day  of  its  introduction,  not  within  five  days  thereafter  nor  at 
any  time  other  than  a  regular  meeting.     No  resolution  or  order 
for  the  payment  of  money  shall  be  passed  at  any  other  time  than 
a  regular  meeting.     And  no  such  ordinance,  resolution,  or  order 
shall  have  any  validity  or  effect  unless  passed  by  the  votes  of 
at  least  three  trustees. 

A  city  or  town  ordinance  is  a  "law  of  this  state"  within  the  meaning  of 
section  435  of  the  Penal  Code.  (Ex  parte  Bagshaw,  152  Cal.  701.) 

An  ordinance  may  adopt  certain  portions  of  the  Political  Code  by 
reference  to  their  number.  (San  Luis  Obispo  v.  Pettit,  87  Cal.  504.) 

Rules  for  the  construction  of  ordinances  are  the  same  as  for  statutes. 
(Yick  Wo  ex  parte,  68  Cal.  303.) 

The  legislative  body,  being  the  sole  judge  of  the  necessities  for  a  police 
regulation,  the  same  on  its  face  being  reasonable,  will  be  so  presumed  by 
the  courts.  (In  re  Newell,  84  Pac.  226.) 

The  constitutional  provision  that  acts  of  the  legislature  shall  embrace 
but  one  object,  which  shall  be  expressed  in  the  title,  has  no  application  to 
municipal  ordinances.  (Ex  parte  Haskell,  112  Cal.  412.) 

There  is  no  constitutional  provision  which  requires  a  uniform  operation 
of  municipal  laws.  (Helltnan  v.  Shoulters,  114  Cal.  136.) 

If  one  section  of  an  ordinance  is  void,  it  will  not  vitiate  the  whole  ordi- 
nance if  the  remaining  provisions  constitute  a  complete  and  valid  ordi- 
nance. (San  Luis  Obispo  Co.  v.  Greenberg,  120  Cal.  300.) 

Derby  v.  City  of  Modesto,  104  Cal.  515,  518,  519,  521. 


SIXTH  CLASS  CITIES  97 

Powers. 

862.    The  board  of  trustees  of  said  city  shall  have  power: 

1.  To  pass  ordinances  not  in  conflict  with  the  constitution 
and  laws  of  this  state  or  of  the  United  States. 

2.  To  purchase,   lease,   or  receive  such  real  estate  situated 
inside  or  outside  of  the  city  limits  and  personal  property  as  may 
be  necessary  or  proper  for  municipal  purposes,  and  to  control, 
dispose  of,  and  convey  the  same  for  the  benefit  of  the  city  or 
town;  provided,  they  shall  not  have  power  to  sell  or  convey  any 
portion  of  any  water  front. 

Brown  v.  Sebastopol,  153  Cal.  704,  709. 

3.  To  contract  for  supplying  the  city  or  town  with  water  for 
municipal  purposes,  or  to  acquire,  construct,  repair,  and  manage 
pumps,  aqueducts,  reservoirs,  or  other  works  necessary  or  proper 
for  supplying  water  for  the  use  of  such  city  or  the  inhabitants,  or 
for  irrigating  purposes  therein. 

Subd.  3.    Irwin  v.  Exton,  125  Cal.  622,  626. 

Amendment  1903,  p.  93.    Gary  v.  Blodgett,  10  Cal.  App.  Rep.  463,    465. 

A  city  of  the  sixth  class  owning  its  own  water  system  may  make  a  contract 
with  a  water  company  to  furnish  the  municipality  a  bulk  supply  of  water 
for  ten  years,  under  section  862,  subdivision  3  of  the  Municipal  Corporation 
Act.  (Marin  Water  &  Power  Co.  v.  Town  of  Sausalito,  168  Cal.  587.) 

A  corporation  which  was  engaged  in  business  on  October  10,  1911,  of  sup- 
plying a  city  with  gas  and  electric  light  has  a  vested  right  on  that  date  to 
occupy  the  streets  for  the  purpose  specified  in  Article  11,  section  19,  which 
right  could  not  be  impaired  by  the  amendment  of  said  section.  (Matter 
of  Keppelmann,  166  Cal.  770.) 

A  city  has  no  authority  to  require  the  grantee  of  a  franchise  for  water 
to  pay  part  of  the  gross  proceeds  as  a  condition  of  the  franchise,  and  an 
ordinance  granting  a  franchise  upon  such  condition  is  unreasonable.  (Town 
of  St.  Helena  v.  Ewer,  26  Cal.  App.  191.) 

A  water  company  has  no  right  to  charge  consumers  for  the  expense  of 
laying  service  pipes  from  the  main  to  the  consumer.  (Title  Guarantee  & 
Trust  Co.  v.  Railroad  Commission,  168  Cal.  295.) 

Inhabitants  of  a  particular  portion  of  a  city  may  compel  reasonable 
extension  of  service  to  them  by  a  water  company:  the  reasonableness  is 
a  question  of  fact  to  be  determined  by  the  court  in  each  particular  case. 
(Lukrawka  v.  Spring  Valley  Water  Co.,  169  Cal.  318.) 

A  rule  adopted  by  a  municipality  which  operates  a  water  system  that 
all  water  rates  shall  be  charged  against  the  property  on  which  it  is  furnished 
and  against  the  owner  thereof,  and  that  in  case  of  delinquency  the  water 
shall  be  shut  off  and  not  turned  on  again  until  the  payment  of  the  delin- 
quency, irrespective  of  any  change  of  the  ownership  or  occupancy  of  the 
property,  is  unreasonable  and  unauthorized.  (Nourse  v.  City  of  Lo» 
Angeles,  25  Cal.  App.  384.) 

4.  To  establish,  build  and  repair  bridges;    to  establish,  lay 
out,   alter,   keep  open,  "improve,   and  repair  streets,   sidewalks, 
alleys,  and  other  public  highways,  squares  and  parks,  and  places 
within  the  city  or  town,  and  to  drain,  sprinkle,  oil,  and  light 
the  same;  to  remove  all  obstructions  therefrom;  to  establish  the 
grades  thereof;    to  grade,  pave,  macadamize,  gravel,  and  curb 
the  same,  in  whole  or  in  part,  and  to  construct  gutters,  culverts, 


98  SIXTH  CLASS  CITIES 

sidewalks,  and  cross-walks  therein,  or  on  any  part  thereof;  to 
cause  to  be  planted,  set  out,  and  cultivated  shade  trees  therein; 
and  generally  to  manage  and  control  all  such  highways  and  places; 
and  in  the  exercises  of  the  powers  herein  granted  to  expend  in 
their  discretion,  the  ordinary  annual  income  and  revenue  of  the 
municipality  in  payment  of  the  costs  and  expenses  of  the  whole 
or  any  part  of  such  work  or  improvement.  (As  amended  1921). 

Hammond  v.  San  Leandro,  135  Cal.  450.  452;  Redondo  Beach  v.  Cate, 
136  Cal.  146.  148. 

Streets  are  public  highways  subject  to  state  control.  State  has  a  right 
to  grade  and  repair  them.  (Tbomason  v.  Ruggles,  69  Cal.  472 ) 

Streets  include  sidewalks.    (Ex  parte  Taylor,  87  Cal.  94). 

The  state  has  no  proprietary  interest  in  the  streets  of  a  city  dedicated 
to  the  public  use.  (San  Francisco  v.  Spring  Valley  Water  Co.,  47  Cal.  493.) 

As  a  general  rule  the  fee  of  the  streets,  dedicated  to  public  use,  is  in  the 
owners  of  the  adjoining  lands,  on  each  side  to  the  center  of  the  street. 
(San  Francisco  v.  Spring  Valley  Water  Company,  48  Cal.  493.) 

An  offer  of  dedication  must  be  accepted  by  the  city  otherwise  the  dedi- 
cation may  be  revoked.  (Myers  v.  City  ot  Oceanside,  7  Cal.  App.  87.) 

A  city's  failure  to  accept  offer  of  dedication  does  not  affect  the  right  of 
purchasers  of  lots  to  the  use  of  streets  or  parks  shown  on  the  recorded  map. 
(Myers  v  City  of  Oceanside,  7  Cal.  App.  87.) 

Purchasers  of  lots  bounded  by  streets  shown  upon  a  map  recorded  by 
the  original  vendee  have  a  right  to  the  use  of  such  streets  against  the 
vendee  and  all  claiming  under  him.  (King  v.  Dugan,  150  Cal.  258). 

Use  of  portion  of  public  square  as  a  street  dees  not  make  it  such.  (Cohn 
v.  Porcels,  72  Cal.  370.) 

Use  of  a  street  by  the  public  for  a  reasonable  time,  where  the  intention 
of  the  owner  to  dedicate  it  is  clearly  shown,  is  sufficient  without  any 
specific  action  by  the  municipal  authorities  to  constitute  a  common  law 
dedication.  (People  v.  Laugenou,  25  Cal  App.  44.) 

Abutting  owner  may  maintain  ejectment  against  intruder  on  street. 
(Weyl  v.  Sonoma  V.  R.*.,  69  Cal.  206.) 

Courts  cannot  interfere  with  discretion  of  officers  of  city  in  control  of 
streets.  (Mutual  Electric  Light  Company  v.  Ashworth,  118  Cal.  6.) 

Under  section  14  of  Article  1  of  the  Constitution  a  property  owner  is 
entitled  to  recover  from  the  city  compensation  for  the  injury  done  to  his 
property  by  grading  the  street  to  a  new  grade,  and  also  prevent  the  doing 
of  the  work  until  the  amount  of  the  damage  has  been  ascertained  and  paid. 
(Sal la  v.  City  of  Pasadena,  162  Cal.  714.) 

City  trustees  held  not  liable  under  the  Vrooman  Act  for  injury  to  a  per- 
son for  a  defective  street  due  to  the  negligence  of  the  street  superintendent. 
(Merritt  v.  McFarland  [Cal.  App.]  88  Pac.  369.) 

In  the  absence  of  a  statutory  provision  declaring  otherwise,  a  municipal 
corporation  in  California  is  not  liable  for  damages  for  the  negligence  of 
its  officers  or  agents  in  the  maintenance  or  care  of  streets  or  bridges;  nor 
when  such  negligence  is  committed  when  engaged  in  repairing  a  sewer. 
(Brunson  v.  City  of  Santa  Monica,  27  Cal.  App.  89.) 

The  act  of  April  26,  1911  (see  Stats.  1911,  page  1115),  relating  to  the 
liability  of  public  officers  for  damages  resulting  from  defects  in  streets  is 
unconstitutional  and  void  for  the  reason  that  the  title  purports  to  deal 
with  the  liability  of  public  officers  and  cannot  be  made  to  include  the 
municipal  corporation  itself.  (Brunson  v.  City  of  Santa  Monica,  27  Cal. 
App.  89.) 

In  the  absence  of  a  statutory  provision  permitting  it,  an  action  will  not 
lie  against  a  municipal  corporation  for  damages  caused  by  the  negligence 
of  its  officers,  agents  or  servants  in  the  performance  of  the  public  or  gov- 
ernmental duties.  (Brunson  v.  City  of  Santa  Monica,  27  Cal.  App.  89.) 

Cities  are  not  liable  for  injuries  caused  by  the  neglect  of  city  officials  to 
keep  streets  in  repair,  unless  declared  so  to  be  in  their  charters.  (Win- 
bigler  v.  Los  Angeles,  45  Cal.  36.) 


SIXTH  CLASS  CITIES  99 

The  obligation  of  a  city  to  keep  streeta  in  repair  is  suspended  while  they 
are  actually  undergoing  alterations  which  for  the  time  made  them  dan- 
gerous. (James  v.  San  Francisco,  6  Cal.  528.) 

Where  a  party  was  injured  by  falling  at  night  into  an  excavation  made 
in  grading  a  street,  owing  to  the  failure  to  put  lights  or  guards  about  the 
place,  the  contractor  and  not  the  city  is  liable  where  the  city  is  compelled 
to  let  contract  to  the  lowest  bidder.  (James  v.  San  Francisco,  6  Cal.  528.) 

A  municipality  has  power  to  prohibit  public  speaking  in  public  parks 
or  upon  any  public  street  or  alley  within  a  defined  district.  (In  re  Thomas, 
10  Cal.  App.  375.) 

A  city  council  cannot  legalize  the  location  of  trees  along  the  street  so  as 
to  injure  the  right  of  egress  or  ingress.  A  person  may  set  out  trees  along 
the  street  of  sufficient  size  and  number  to  damage  an  abutting  property 
owner's  means  of  egress  and  ingress;  he  may  be  required  to  remove  them 
notwithstanding  the  municipal  authorities  may  have  consented  to  their 
setting  put  (Humphreys  v.  Dunnells,  21  Cal.  App.  312.) 

Provisions  in  a  franchise  relating  to  the  paving  between  tracks  is  not  a 
limitation  of  the  power  of  the  municipality,  but  rather  a  limitation  upon 
the  power  of  the  railroad  company,  and  all  doubts  must  Be  resolved  in 
favor  of  the  municipality.  The  railroad  company  must  pave  between  the 
tracks  for  two  feet  on  either  side  in  such  manner  as  the  municipal  authori- 
ties may  direct,  irrespective 'of  the  terms  of  the  franchise  regarding  such 
paving.  (Town  of  St.  Helena  v.  San  Francisco  N.  &  C.  Railway,  24  Cal. 
App.  71.) 

A  city  may  require  a  railway  company  to  do  more  elaborate  work  on  the 
foundation  and  surfacing  of  the  pavement  between  tracks  in  order  to  meet 
the  added  strain  and  stress  of  traffic,  notwithstanding  provisions  in  the 
franchise  of  the  railroad  company  requiring  the  company  to  keep  the  same 
in  repair  in  the  same  manner  as  the  remainder  of  the  street.  (Town  of 
St.  Helena  v.  San  Francisco  N.  &  C.  Railway,  24  Cal.  App.  71.) 

A  municipal  corporation  is  not  required  by  the  common  law  to  build 
or  maintain  a  bridge  across  a  stream  within  its  borders  or  bordering  on 
them.  (Coffey  v.  City  of  Berkeley,  258  Cal.  170.) 

It  is  generally  the  usage  and  custom  to  allow  openings  to  be  made  in  the 
sidewalks  of  streets,  to  obtain  entrance  into  the  basement,  such  openings 
and  the  coverings  thereof  being  subject  to  proper  municipal  regulation. 
(Rider  v.  Clark,  132  Cal.  382.) 

The  obstruction  of  a  public  alley  is  a  public  nuisance.  (Harness  v.  Bul- 
pitt,  1  Cal.  App.  140.) 

City  may  legalize  partial  obstruction  of  a  sidewalk.  (Ex  parte  Taylor, 
87  Cal.  94.) 

Legalized  obstruction  of  sidewalks  is  not  a  nuisance.  (Marini  v.  Gra- 
ham, 67  Cal.  130.) 

Where  a  plot  of  land  is  dedicated  to  general  park  purposes  without  any 
reservation  as  to  its  use.  purchasers  of  adjacent  lots  have  a  right  to  assume 
that  such  park  was  only  limited  to  such  purposes  to  which  public  parks 
are  usually  and  properly  devoted.  (Caulfield  v.  Barwick,  27  Cal.  App.  493.) 

An  injunction  will  not  lie  at  the  instance  of  a  taxpayer  to  restrict  the 
board  of  trustees  of  a  city  from  placing  and  maintaining  tennis  courts, 
croquet  grounds  and  children's  play  grounds  in  a  public  park  on  the  ground 
that  such  amusements  might  be  noisy  and  disturb  the  quiet  and  shock 
the  morals  of  those  residing  in  the  vicinity  of  the  park.  (Caulfield  v.  Ber- 
.wick,  27- Cal.  App.  493.) 

The  devotion  of  a  reasonable  portion  of  a  public  park  to  tennis  courts, 
croquet  grounds  and  children's  play  grounds,  comes  strictly  within  the 
proper  and  legitimate  uses  for  which  public  parks  are  created  (Caulfield 
v.  Berwick,  27  Cal.  App.  493.) 

The  uses  of  land  adjacent  to  the  beach  by  the  inhabitants  of  a  city  and 
the  public  generally  for  walking,  bathing  and  recreation  does  not  create 
an  easement  by  prescription  in  favor  of  the  city.  (F.  A.  Hihn  Co.  v.  City 
of  Santa  Cruz,  etc.,  170  Cal.  436.) 


100  SIXTH  CLASS  CITIES 

5.  To  construct,  establish,  and  maintain  drains  and  sewers. 

6.  To  provide  fire  engines  and  all  other  necessary  and  proper 
apparatus  for  the  prevention  and  extinguishment  of  fires. 

7.  To  impose  on  and  collect  from  every  male  inhabitant  be- 
tween the  ages  of  twenty-one  and  sixty  years,  an  annual  street 
poll  tax,  not  exceeding  two  dollars;  and  no  other  road  poll  tax 
shall  be  collected  within  the  limits  of  the  city.     (Poll  tax  col- 
lectible from  aliens  only  by  the  adoption  of  Sec.  12,  Article  XIII 
to  the  constitution,  in  effect  Nov.  2,  1920.) 

8.  To  impose  and  collect  an  annual  license  not  exceeding  two 
dollars  on  every  male  dog,  and  four  dollars  on  every  female  dog 
owned  or  harbored  within  the  limits  of  the  city. 

An  ordinance  authorizing  a  marshal  to  seize  sheep  running  at  large  in 
its  streets,  does  not  justify  him  in  seizing  sheep  which  are  being  herded 
by  a  competent  person  and  are  under  his  control.  (Spect  v.  Arnold,  52 
Cal.  455.) 

9.  To  levy  and  collect  annually  a  property  tax,  which  shall 
not,  without  the  assent  of  two-thirds  of  the  qualified  electors 
of  such  city  or  town  voting  at  an  election  to  be  held  for  that  pur- 
pose exceed  one  dollar  on  each  one  hundred  dollars;   provided, 
however,  that  in  cities  which  have  constructed  or  may  hereafter 
construct  embankments,   sea  walls,   or  other  works  to  protect 
such  cities  from  overflow,  said  board  of  trustees  may  levy  and 
collect  annually,  a  property  tax  which  shall  not  exceed  twenty 
cents  on  each  one  hundred  dollars,  which,  when  collected,  shall 
be  kept  in  a  separate  fund  and  used  for  the  construction  and 
maintenance  of  embankments,  sea  walls,  or  other  works  to  protect 
such  city  from  overflow  and  for  no  other  purpose. 

10.  To  license,  for  the  purpose  of  revenue  and  regulation,  all 
and  every  kind  of  business  authorized  by  law  and  transacted 
and  carried  on  in  such  city  or  town,  and  all  shows,  exhibitions, 
and  lawful  games  carried  on  therein;  to  fix  the  rates  of  license 
tax  upon  the  same,  and  to  provide  for  the  collection  of  the  same 
by  suit  or  otherwise. 

A  license  fee,  in  the  larger  sense  of  that  word,  is  a  tax  within  Article  6, 
section  6  of  the  Constitution.  (City  of  Santa  Barbara  v.  Stearns,  51  Cal. 
499.) 

A  classification  of  a  particular  business  for  the  purpose  of  imposing  a 
graduated  license  tax  thereon,  may  be  based  upon  the  number  ot  vehicles 
and  animals  which  are  used  in  the  transaction  ot  the  business.  (Bramman  v. 
City  of  Alameda,  162  Cal.  648.) 

The  law  does  not  warrant  the  imposition  of  a  license  on  those  engaged 
in  a  certain  business  solely  because  of  the  method  they  use  in  making  their 
sales  and  deliveries,  such  as  automatic  slot  machines,  to  the  exemption 
of  all  engaged  in  the  same  business  who  do  not  use  that  method.  (Matter 
of  Richardson,  170  Cal.  68.) 

License  for  regulation,  and  license  for  revenue,  defined  and  distinguished 
in  re  Guerrero,  69  Cal.  91. 

"License  proper"  defined  and  distinguished  from  "license  tax."  (San 
Francisco  v.  Insurance  Co.  74  Cal.  122.) 


SIXTH  CLASS  CITIES  101 

A  license  tax  is  not  a  penalty  but  a  debt.  (San  Luis  Obispo  v.  Greenberg. 
120  Cal.  305.) 

License  tax  devoid  of  regulatory  provisions  is  a  tax  for  revenue  only. 
(Ex  parte  Baum,  141  Cal.  206.) 

Licenses  for  regulation  are  in  exercise  of  the  police  power,  whereas 
licenses  for  revenue  are  in  exercise  of  the  taxing  power.  (In  re  Guerrero, 
69  Cal.  88.) 

License  laws  are  presumed  to  be  reasonable  unless  the  contrary  appears 
on  the  face  of  the  law  itself.  (In  re  Guerrero,  69  Cal.  95.) 

A  single  act  does  not  constitute  a  business,  and  when  a  sale  is  but  an 
incident  in  the  final  act  of  another  business,  it  cannot  be  said  to  be  the  bus- 
iness which  is  carried  on  or  being  transacted.  (Merced  County  v.  Helm, 
102  Cal.  159.) 

An  ordinance  which  fixes  the  license  of  a  peddler  of  meats  "from  a  vehi- 
cle" at  $75.00  per  quarter,  and  the  license  of  all  other  peddlers  at  $10.00, 
irrespective  of  the  commodity  peddled  is  valid.  (Ex  parte  Heylman,  92 
Cal.  492.) 

A  license  tax  imposed  by  municipal  ordinance  on  insurance  agents  is  a 
tax  against  the  corporation  in  violation  of  section  14  of  Article  13  of  the 
Constitution.  (Hughes  v.  City  of  Los  Angeles,  168  Cal.  764.) 

An  ordinance  regulating  license  fee  for  "kenetescope"  without  otherwise 
specifying  "moving  pictures"  specifies  the  character  of  the  business  with 
sufficient  clearness.  (Laurelle  v.  Bush,  17  Cal.  App.  409.) 

Money  if  illegally  or  erroneously  collected  for  licenses  cannot  be  recov- 
ered if  voluntarily  paid.  (O'Brien  v.  Colusa  County,  67  Cal.  503.) 

An  ordinance  imposing  a  license  tax  on  merchants  graduated  according 
to  the  amount  of  monthly  sales,  and  imposing  a  prohibitory  license  tax 
eight  times  the  maximum  tax  authorized,  on  merchants  issuing  trading 
stamps,  is  unreasonable  and  invalid.  (Ex  parte  McKenna,  126  Cal.  429.) 

The  mere  fact  that  the  business  of  carrying  passengers  is  not  within  the 
municipal  limits  does  not  make  the  receiving  and  discharging  of  them  and 
for  contracting  them  less  a  business  in  the  city.  (Sacramento  v.  California 
Stage  Co.,  12  Cal.  134.) 

A  board  of  city  trustees,  if  it  has  statutory  power,  may  impose  an  addi- 
tional license  tax  for  revenue  upon  the  business  of  an  attorney-at-law,  but 
it  has  no  power  to  regulate  the  practice  of  law,  nor  to  issue  a  license  therefor 
under  the  police  power.  (City  of  Sonora  v.  Curtin,  137  Cal.  583.) 

Ordinance  is  not  unreasonable  or  unjust  because  it  makes  the  amount 
of  license  depend  upon  the  amount  of  business  transacted.  (San  Luis 
Obispo  v.  Greenberg,  120  Cal.  304.) 

Supervisors  may  prohibit  or  regulate  all  occupations  against  good  morals, 
public  order  or  decency  or  dangerous  to  public  safety.  (Yick  Wo,  ex  parte, 
68  Cal.  299.) 

11.  To  improve  the  rivers  and  streams  flowing  through  such 
city  or  adjoining  the  same;  to  widen,  straighten,  and  deepen  the 
channels  thereof,  and  remove  obstructions  therefrom;  to 
improve  the  water  front  of  the  city;  including  the  ocean  front 
thereof,  and  to  build  and  construct  breakwaters,  jetties,  and  sea 
wall;  to  construct  and  maintain  embankments  and  other  works, 
to  protect  such  city  from  overflow;  and  to  acquire,  own,  con- 
struct, maintain,  and  operate  on  any  lands  bordering  on  any 
navigable  bay,  lake,  inlet,  river,  creek,  slough,  or  arm  of  the 
sea  within  the  corporate  limits  of  such  city  or  contiguous  thereto, 
wharves,  chutes,  piers,  breakwaters,  bathhouses,  and  life-saving 
stations.  (Amendment  in  effect  July  29,  1921). 

Amendment  1891,  p.  233,  City  of  San  Pedro  v.  Southern  Pac.  R.  Co., 
101  Cal.  333,  336. 


102  SIXTH  CLASS  CITIES 

12.  To  erect  and  maintain  buildings  for.  municipal  purposes, 
and   to   acquire   and  maintain   cemeteries,    situated   outside   or 
inside  of  said  city. 

13.  To  acquire,  own,  construct,  maintain,  and  operate  street 
railways,  telephone  and  telegraph  lines,  gas  and  other  works  for 
light,  power,  and  heat;  public  libraries,  museums,  gymnasiums, 
parks,  and  baths,  and  to  grant  franchises  for  the  construction  of 
public  utilities  as  they  may  deem -proper,  the  laying  of  railroad 
tracks  and  the  running  of  cars  drawn  by  horses,  steam,  or  other 
power  thereon,   and  the  laying  of  gas  and  water  pipes,   in  the 
public  streets,  and  to  permit  the  construction  and  maintenance 
of  telegraph  and  telephone  lines  therein. 

Amendment  1903,  p.  93.    Arcata  v.  Green,  156  Cal.  759. 

Under  section  862  of  the  Municipal  Corporation  Act  a  city  of  the  sixth 
class  has  authority  to  furnish  inhabitants  for  private  use  as  well  as  the  gen- 
eral public  with  electric  light.  (Gary  v.  Blodgett,  10  Caj.  App.  463.) 

In  operating  an  electric  light  plant  a  city  is  not  exercising  governmental 
functions,  hence  is  liable  for  damages  caused  by  the  negligence  of  its  em- 
ployees in  the  operation  of  a  plant.  (Davoust  v.  City  of  Alameda,  84  Pac. 
760.) 

14.  To  impose  fines,  penalties,  and  forfeitures  for  any  and  all 
violations  of  ordinances;  and  for  any  breach  of  violation  of  any 
ordinance;   to  fix  the  penalty  by  fine  or  imprisonment,  or  both; 
but  no  such  fine  shall  exceed  three  hundred  dollars,  nor  the  term 
of  imprisonment  exceed  three  months. 

15.  To  cause  all  persons  imprisoned  for  violation  of  any  ordi- 
nance to  labor  on  the  streets,  or  other  public  property,  or  works 
within  the  city. 

16.  To  establish  and  maintain  fire  limits,  and  regulate  build- 
ing and  construction  and  removal  of  buildings  within  the  muni- 
cipality. 

Board  of  trustees  may  render  it  unlawful  to  erect  a  tent  or  other  movable 
structure  in  the  fire  limits.  (In  re  Newell,  2  Cal.  App.  767.) 

A  municipal  corporation,  in  the  exercise  of  its  police  power  may  subject 
a  school  district  erecting  a  school  building  within  its  corporate  limits,  but 
which  also  constitutes  territory  of  a  school  district,  to  the  regulations  of 
its  building  ordinances.  (Pasadena  School  District  v.  City  of  Pasadena, 
7  Cal.  166.) 

16a.  To  regulate  the  construction  of  and  the  materials  used 
in  all  buildings,  chimneys,  stacks  and  other  structures;  to  prevent 
the  erection  and  maintenance  of  insecure  or  unsafe  building  walls, 
chimneys,  stacks,  or  other  structures,  and  to  provide  for  their 
summary  abatement,  destruction,  or  removal;  to  provide  for 
the  abatement,  destruction  or  removal  of  unsightly  or  partially 
destroyed  buildings;  to  regulate  the  materials  used  in  and  the 
method  of  construction  of  foundations  and  foundation  walls,  the 
mariner  of  construction  and  location  of  drains  and  sewers,  the 
materials  used  in  wiring  buildings  or  other  structures  for  the 
use  of  electricity  for  lighting,  power,  heat  or  other  purposes  and 


SIXTH  CLASS  CITIES  103 

materials  used  for  piping  buildings  or  other  structures  for  the 
purpose  of  supplying  the  same  with  water,  gas,  or  electricity, 
and  the  manner  of  so  doing;  to  prohibit  the  construction  of 
buildings  and  structures  which  do  not  conform  to  such  regula- 
tions. 

A  municipality  has  the  right  to  regulate  the  business  of  operating  a  stone 
crusher  within  its  limits.  (Application  of  Throop,  93  Cal.  169.) 

A  municipality  cannot  permit  the  operation  of  a  stone  crusher  in  a  district 
surrounded  by  a  poorer  class  of  residences  and  restrict  it  in  a  district  occupied 
by  more  pretentious  residences.  (Application  of  Throop,  93  Cal.  169.) 

A  city  in  the  exercise  of  its  police  power,  has  the  right  to  regulate  the 
business  of  brick  making  by  restricting  the  location  in  which  it  may  be 
followed.  The  fact  that  the  business  is  not  a  nuisance  is  immaterial. 
(Ex  parte  Hadacheck,  165  Cal.  416.) 

An  ordinance  requiring  applicant  for  permission  to  build  a  livery  stable 
to  secure  the  written  consent  of  the  owners  of  property  within  200  feet  of 
the  proposed  stable  is  unreasonable  and  void.  (Coon  v.  Board  of  Public 
Works,  7  Cal.  App.  760.) 

An  ordinance  prohibiting  the  erection  or  maintenance  of  gas  works 
within  certain  limits,  is  valid.  (Dobbins  v.  City  of  Los  Angeles,  139  Cal. 
179.) 

A  city  ordinance  prohibiting  the  slaughter  of  animals  or  the  erection  of ' 
a  slaughter  house  within  the  city  limits  is  constitutional.  (Ex  parte 
Heilbron,  65  Cal.  609.) 

Ordinance  restricting  laundries  to  certain  parts  of  the  city  is  a  valid  exer- 
cise of  police  power.  (Hang  Kie,  in  re,  69  Cal.  150.) 

An  ordinance  prohibiting  the  operation  of  a  shoddy  or  carpet-beating 
machine  within  100  feet  of  a  church,  school  house  or  residence,  is  reasonable. 
(Ex  parte  Lacey.  108  Cal.  326.) 

An  ordinance  prohibiting  further  purchase  of  burial  lots,  but  permitting 
further  burials  in  lots  theretofore  acquired  for  such  purpose  is  invalid, 
because,  so  long  as  burials  are  permitted  in  a  prescribed  district  the  privi- 
lege cannot  be  limited  to  one  class  of  citizens  therein.  (Ex  parte  Bohem, 
115  Cal.  372.) 

16b.  To  regulate  the  exhibition,  posting  or  carrying  of  ban- 
ners, placards,  posters,  cards,  pictures,  signs  or  advertisements 
in  or  on  the  street,  or  on  or  upon  buildings,  fences,  billboards  or 
other  structures;  or  on  or  upon  any  pole  in  any  sidewalk,  alley, 
street,  lane,  court,  park  or  other  public  place;  to  regulate  the 
suspension  of  banners,  flags,  signs,  advertisements,  posters, 
pictures,  or  cards  across  or  over  any  sidewalk,  alley,  street, 
lane,  court,  park,  or  other  public  place,  or  such  suspension  from 
fences,  poles,  houses,  or  other  structures;  to  prohibit  and  prevent 
encroachments  upon  or  obstruction  in  or  to  any  sidewalks,  street, 
alley,  lane,  court,  park  or  other  public  place,  and  to  provide  for 
the  removal  of  such  encroachment  or  obstruction. 

16c.  To  compel  the  owner,  lessee,  or  occupant  of  buildings, 
grounds,  or  lots  to  remove  dirt,  rubbish,  weeds  and  rank  growths 
from  the  sidewalk  opposite  thereto,  and  from  the  buildings  or 
grounds,  and  on  his  default,  after  such  notice  as  the  board  of 
trustees  may  prescribe,  to  authorize  the  removal  or  destruction 
thereof  by  some  officer  of  the  city  at  the  expense  of  such  owner, 
lessee  or  occupant,  and  by  such  procedure  as  the  board  of  trustees 


104  SIXTH  CLASS  CITIES 

may  prescribe,  to  make  such  expense  a  lien  upon  such  buildings 
or  grounds.     (Amendment  in  effect  July  29,  1921.) 

17.  To  issue  subpoenas  for  the  attendance  of  witnesses,   or 
the  production  of  books  or  other  documents,  for  the  purpose  of 
producing    evidence    or  testimony  in  any  action  or  proceeding 
pending  before  the  board  of  trustees,  which  subpoenas  must  be 
signed  by  the  president  of  the  board  of  trustees,  and  attested 
by  the  city  clerk  and  may  be  served  in  the  same  manner  as  sub- 
poenas are  served  in  civil  actions.     Whenever  any  person  duly 
subpoenaed  to  appear  and  give  evidence,  or  to  produce  any  books 
or  any  documents  as  herein  provided,  shall  neglect  or  refuse  to 
appear,  or  to  produce  such  books  or  documents,  as  required  by 
such  subpoena,  or  shall  refuse  to  testify  before  such  board,  or 
to  answer  any  questions  which  a  majority  thereof  shall  decide 
to  be  proper  and  pertinent,  it  shall  be  the  duty  of  the  president 
of  the  board  to  report  the  fact  to  the  judge  of  the  superior  court 
of  the  county,  who  shall  thereupon  issue  an  attachment  in  the 
form  usual  in  the  court  of  which  he  shall  be  judge,  directed  to 
the  sheriff  of  the  county  where  such  witness  was  required  to 
appear  and  testify,  commanding  the  said  sheriff  to  attach  such 
person,  and  forthwith  bring  him  before  the  judge  by  whose  order 
such  attachment  was  issued.     On  the  return  of  the  attachment 
and  the  production  of  the  body  of  the  defendant,  the  said  judge 
shall  have  jurisdiction  of  the  matter,   and  the  person  charged 
may  purge  himself  of  the  contempt  in  the  same  way,  and  the 
same  proceedings  shall  be  had,  and  the  same  penalties  may  be 
imposed,  and  the  same  punishment  inflicted  as  in  the  case  of  a 
witness  subpoenaed  to  appear  and  give  evidence  on  the  trial  of 
a  civil  cause  before  a  superior  court. 

18.  To  expend  such  sum  as  the  board  of  trustees  shall  deem 
proper,  not  to  exceed  five  per  cent  of  the  property  tax  levy  in 
any  one  fiscal  year,  for  music  and  promotion. 

19.  To  do  and  perform  any  and  all  other  acts  and  things  neces- 
sary or  proper  to  carry  out  the  provisions  of  this  act. 

Municipal  corporations  can  exercise  only  those  powers  granted  in  express 
words,  or  those  necessarily  or  fairly  implied  or  incident  to  powers  expressly 
granted,  or  those  indispensable  to  the  declared  objects  and  purposes  of  the 
corporation,  and  any  reasonable  doubt  concerning  the  existence  of  the  power 
is  to  be  resolved  against  the  municipal  corporation.  (Von  Schmidt  v. 
Widber,  105  Cal.  151.) 

If  a  city  has  power  to  perform  an  act  it  may  be  ratified  an  act  defectably 
performed  and  cannot  ratify  an  act  which  would  not  have  been  done 
originally.  (Lucas  v.  San  Francisco,  7  Cal.  463.) 

A  municipal  corporation  may,  for  proper  corporate  purposes,  hold 
property  and  perform  contracts  beyond  the  municipal  boundaries. 
(Hewitt  v.  San  Jacinto,  124  Cal.  186.) 

An  ordinance  of  a  municipality  limiting  the  hours  of  labor  in  public 
laundries  to  the  period  between  seven  o'clock  in  the  morning  and  six 
o'clock  at  night  is  reasonable  and  constitutional.  (In  re  Wong  Wing,  167 
Cal.  109.) 


SIXTH  CLASS  CITIES  105 

Where  the  mode  in  which  the  power  on  any  given  subject  can  be  exer- 
cised as  prescribed  by  the  charter,  that  mode  must  be  followed.     It  con- 
stitutes the  measure  of  power.    (Zottman  v.  City  and  County  of  San 
Francisco,  20  Cal.  92.) 
•  Delegation  of  Power. 

An  ordinance  vesting  discretion  in  a  board  to  deny  permits  to  run  pool 
halls  held  valid.  (Gortino  v.  McAleer,  88  Pac.  991.) 

A  provision  in  a  municipal  contract  "that  said  hose  (the  goods  con- 
tracted for)  must  be  satisfactory  to  the  chief  of  the  fire  department,  and 
accepted  by  him,  before  the  city  becomes  liable  for  the  same"  is  not  an 
unconstitutional  delegation  of  power.  (Goodyear  Rubber  Co.  v.  Eureka, 
135  Cal.  613.) 

A  city  council  cannot  delegate  to  a  board  of  plumbing  inspectors  the 
duty  of  examining  and  issuing  licenses  to  plumbers,  as  that  duty  is  imposed 
upon  the  board  of  health  of  the  city  by  the  general  law  of  the  state.  (Ex 
parte  Gray,  11  Cal.  App.  125.) 

S.  862.  Ex  parte  Campbell,  74  Cal.  20,  26;  Bishop  v.  Superior  Court,  87 
Cal.  226,  231;  Montgomery  v.  City  of  Santa  Ana  N.  R.  Co.,  104  Cal.  186,  192; 
Ex  parte  Lemon,  143  Cal.  558,  560-563;  City  of  Redlands  v.  Brook,  151  Cal. 
474,  477;  Barter  v.  Barkley,  158  Cal.  742,  745;  Rapp  v.  Kiel,  159  Cal.  702,  707; 
Clark  v.  Los  Angeles,  160  Cal.  30,  36;  Merced  Falls  Gas,  Etc.,  Co.  v.  Turner, 
2  Cal.  App.  720,  722;  Board  Library  Trustees  Hanford  v.  Hanford,  2  Cal. 
App.  760,  763;  South  Yuba  W.  Co.  v.  Auburn,  16  Cal.  App.  774.  779. 

Amendment  1885,  p.  127.  In  re  Lawrence,  69  Cal.  608,  610;  South  Pasadena 
v.  Terminal  R.  Co.,  109  Cal.  315,  319;  Redondo  Beach  v.  Cate,  136  Cal.  146, 
148;  Ex  parte  Jackson,  143  Cal.  564-574. 

Amendment  1897,  p.  175.     Redondo  Beach  v.  Cate,  136  Cal.  146,  148. 

Amendment  1903,  p.  93.  Ex  parte  Jackson,  143  Cal.  564,  566,  572;  Cole- 
grove  W.  Co.  v.  City  of  Hollywood,  151  Cal.  425,  430;  Matthews  v.  Town  of 
Livermore,  156  Cal.  294,  295;  Board  of  Library  Trustees  v.  Board  of 
Trustees,  2  Cal.  App.  760,  763;  Ex  parte  Magensen,  5  Cal.  App.  596,  598. 

Amendment  1909,  p.  420.    Harter  v.  Barkley,  158  Cal.  742,  745. 

862a.     In  any  city  of  the  sixth  class  the  board  of  trustees  shall 
have  power: 

(a)  To  establish  and  maintain  a  municipal  hospital. 

(b)  To  prescribe  rules  for  the  goyernment  and  management 
thereof  and  the  terms  upon  which  patients  may  be  admitted 
thereto. 

(c)  To  appoint  and  fix  the  compensation  of  physicians,  sur- 
geons and  other  necessary  officers  and  employees  of  the  hospital 
who  shall  hold  their  positions  during  the  pleasure  of  the  board  of 
trustees. 

(d)  To  acquire  any  and  all  property,   real  or  personal,   by 
purchase  or  donation,  and  construct  and  equip  such  buildings  as 
the  board  may  deem  necessary  and  suitable  for  the  proper  conduct 
of  the  hospital.     In  receiving  any  donation  of  money,  the  city  may 
agree  to  pay  the  donor  or  donors  interest  upon  the  principal  at  a 
rate  not  exceeding  seven  per  cent  per  annum  during  the  lifetime  of 
the  donors,  or  of  any  of  them,  or  of  the  survivor,  but  not  exceeding 
a  period  of  forty  years,  and  without  repayment  of  the  principal 
or  any  part  thereof.     In  the  case  of  the  incurring  of  such  indebted- 
ness in  favor  of  donors,  the  indebtedness  shall  be  incurred  and 
means  for  the  payment  thereof  shall  be  provided  in  the  manner 


106  SIXTH  CLASS  CITIES 

prescribed  by  the  provisions  of  the  act  entitled,  "An  act  authoriz- 
ing the  incurring  of  indebtedness  by  cities,  towns  and  municipal 
corporations  for  municipal  improvements,  and  regulating  the 
acquisition,  construction,  and  completion  thereof,"  in  effect' 
February  25,  1901,  as  amended,  so  far  as  the  same  may  be  appli- 
cable; provided,  however,  that  the  ordinance  calling  the  election 
shall  not  contain  any  statement  as  to  bonds  that  are  to  be  issued, 
but  shall  in  general  terms  describe  the  proposed  donation,  the 
purpose  for  which  it  is  to  be  used,  and  the  terms  upon  which  the 
same  is  to  be  made  and  accepted. 

(e)  To  levy  and  collect  annually  a  property  tax  for  the  main- 
tenance of  the  hospital  which  shall  not  in  any  one  year  exceed  the 
cost  of  the  care  of  indigent  patients  and  the  interest  charge  upon 
any  donation  accepted  in  accordance  with  the  provisions  of  sub- 
division (d)  of  this  section.  (Amendment  approved  May  22,  1919.) 

Enacting  Clause. 

863.  The  enacting  clause  of  all  ordinances  shall  be  as  follows: 

"The 'board  of  trustees  of  the  city  (or  town)  of do 

ordain  as  follows":    Every  ordinance  must  be  signed  by  the 
president  of  the  board  of  trustees  and  attested  by  the  clerk  and 
must  be  published  by  said  board  at  least  once  in  a  newspaper  of 
general  circulation  published  and  circulated  in  such  city  or  town; 
provided,  that  if  there  be  no  such  newspaper  published  and  cir- 
culated in  such  city  or  town,  then  all  ordinances  must  be  posted 
in  at  least  three  public  places  therein;  provided,  further,  that  in 
all  cities  or  towns  which  have  been  incorporated  less  than  one 
year,  all  ordinances  may  be  either  published  or  posted  as  afore- 
said, as  the  board  of  trustees  may  determine;  and  provided, 
further,  that  in  no  case  shall  the  price  charged  for  such  publication 
of  any  ordinances  exceed  the  customary  rate  charged  by  such 
newspaper  for  the  publication  of  legal  notices  of  a  private  char- 
acter.    (Amendment  in  effect  July  31,  1917.) 

An  expression  "final  passage"  of  an  ordinance  has  reference  only  to  the 
favorable  consideration  by  the  council,  as  distinct  from  going  into  effect 
after  publication;  the  expression  "finally  adopted"  is  synonymous. 
(Solomon  v.  Alexander,  161  Cal.  23.) 

The  fact  that  an  ordinance  is  not  published  in  black-faced  type  as  directed 
by  section  4459  of  the  Political  Code  is  not  of  sufficient  importance  to  in- 
validate such  ordinance.  (Clark  v.  City  of  Los  Angeles,  160  Cal.  30.) 

The  publication  of  an  amendatory  ordinance,  separate  and  complete  in 
itself,  is  sufficient  without  republishing  the  original  ordinance.  (Ex  parte 
Christensen,  85  Cal.  210.) 

The  requirement  that  a  city  shall  publish  all  ordinances  for  ten  days  is 
directory  merely,  and  such  publication  is  not  a  condition  precedent  to 
their  taking  effect.  (Sacramento  v.  Dillman,  102  Cal.  107.) 

City  of  Redondo  Beach  v.  Barkley,  151  Cal.  176,  181. 

Demands. 

864.  All  demands  against  such  city  or  town  shall  be  presented 


SIXTH  CLASS  CITIES  107 

to  and  audited  by  the  board  of  trustees,  in  accordance  with  such 

regulations  as  they  may  by  ordinance  prescribe;   and  upon  the 

allowance  of  any  such  demand,  the  president  of  the  board  shall 

draw  a  warrant  upon  the  treasurer  for  the  same,  which  warrant 

shall  be  countersigned  by  the  clerk,  and  shall  specify  for  what 

purpose  the  same  is  drawn,  and  out  of  what  fund  it  is  to  be  paid. 

Under  Section  864  of  the  Municipal  Corporation  Act  all  demands  must 

first  be  presented  to  the  trustees  in  order  to  support  an  action.    (Adams  v. 

City  9f  Modesto,  61  Pac.  957.) 

It  is  no  defense  to  an  action  against  a  city  that  the  claim  was  not  pre- 
sented to  or  acted  on  by  the  city  council,  the  charter  nowhere  requiring 
it.  (Gill  y.  City  of  Oakland,  124  Cal.  335.) 

A  municipal  corporation  if  authorized  by  law,  may  compromise  a  valid 
claim  against  it.  (People  ex  rel  Southern  Pacific  R.  R.  Co.  v.  San  Francisco 
Supervisors,  27  Cal.  655.) 

The  decision  of  the  board  of  trustees  on  the  validity  of  a  claim  is  binding 
on  the  clerk.  (McConoughey  v.  Jackson,  101  Cal.  265.) 

There  is  no  priority  right  among  claimants.  (Higgins  v.  San  Diego, 
131  Gal.  294.) 

Adams  v.  City  of  Modesto,  131  Cal.  501t  502;  South  Yuba  W.  Co.  v. 
Auburn,  16  Cal.  App.  775,  780. 

Indebtedness  Not  to  Exceed  Available  Funds. 

865.  The  board  of  trustees  shall  not  create,  audit,  allow,  or 
permit  to  accrue,  any  debt  or  liability  in  excess  of  the  available 
money  in  the   treasury  that  may  be   legally   apportioned   and 
appropriated  for  such  purposes;  provided,  that  any  city  or  town 
during  the  first  year  of  its  existence  under  this  act  may  incur 
such  indebtedness  or  liability  as  may  be  necessary,  not  exceeding 
in  all  the  income  and  revenue  provided  for  it  in  such  year;  nor 
shall  any  warrant  be  drawn,  or  evidence  of  indebtedness  be  issued, 
unless  there  be  at  the  time  sufficient  money  in  the  treasury  legally 
applicable  to  the  payment  of  the  same,   except  as  hereinafter 
provided. 

No  liability  can  be  paid  out  of  income  of  any  future  year.  (San  Fran- 
cisco G.  Co.  v.  Brickwedel,  62  Cal.  649.) 

The  contract  lor  future  annual  payments  for  a  sewer  farm  is  not  a  present 
liability,  and  therefore  not  obnoxious  to  the  provision  that  contracts  for 
indebtedness  in  excess  of  the  revenue  of  each  year  are  void.  (McBean  v. 
Fresno,  112  Cal.  159.) 

A  taxpayer  can  maintain  an  action  against  the  members  of  the  city 
council  to  compel  them  to  pay  into  the  city  treasury  the  amount  of  expendi- 
tures illegally  made  by  them.  (Osburn  v.  Stone,  170  Cal.  480.) 

Rice  v.  Board  of  Trustees,  107  Cal.  398,  400. 

Incurring  Excess  Decided  by  Vote. 

866.  (Repealed  April  16,  1913,  Stats.  1913,  p.  33.) 

City  of  Redlands  v.  Brook,  151  Cal.  474,  477;  In  re  Baxter,  3  Cal.  App. 
716,  721. 

Incarceration. 

867.  The  violation  of  any  ordinance  of  such  city  or  town  shall 
be    deemed    a   misdemeanor,    and   may    be   prosecuted    by    the 


108  SIXTH  CLASS  CITIES 

authorities  of  such  city  or  town  in  the  name  of  the  people  of  the 
State  of  California,  or  may  be  redressed  by  civil  action,  at  the 
option  of  said  authorities.  Any  person  sentenced  to  imprison- 
ment for  the  violation  of  an  ordinance  may  be  imprisoned  in  the 
jail  for  such  city  or  town;  or  if  the  board  of  trustees  by  ordinance 
shall  so  prescribe,  in  the  county  jail  of  the  county  in  which  such 
city  or  town  may  be  situated,  in  which  case  the  expense  of  such 
imprisonment  shall  be  a  charge  in  favor  of  such  county  and  against 
such  city  or  town. 

Maximum  penalty  must  be  fixed  and  not  left  to  the  discretion  of  the 
judge.  (In  re  AT  You,  88  Cal.  101.) 

Municipal  ordinances  must  be  reasonable  and  penalties  prescribed  for 
their  violation  should  be  reasonable.  (Ar  You,  In  re,  88  Cal.  101.) 

Ex  parte  Bagshaw,  152  Cal.  701,  704. 

Amendment  1905,  p.  73.    (Ex  parte  Bagshaw,  152  Cal.  701,  704.) 

Nuisances. 

868.  The  board  of  trustees  shall  have  the  power  to  declare 
what  constitutes  a  nuisance,  and  to  provide  for  the  summary 
abatement  of  any  nuisance  at  the  expense  of  the  person  creating, 
causing,  committing  or  maintaining  such  nuisance,  and  shall  have 
the  power  by  ordinance  to  make  the  expense  of  abatement  of 
nuisances  a  lien  against  the  property  on  which  a  nuisance  is  main- 
tained, as  well  as  to  make  such  expense  a  personal  obligation 
against  the  owner  of  such  property.  Said  board  of  trustees  shall 
also  have  power  by  ordinance  to  require  and  provide  for  the 
removal  of  grass,  weeds  or  other  obstructions  from  the  sidewalks, 
parkings  or  streets  and  to  make  the  cost  thereof  a  lien  or  charge 
upon  the  abutting  property  and  to  make  provision  for  the  enforce- 
ment of  such  lien  by  the  sale  of  property  or  otherwise;  and  said 
hoard  likewise  shall  have  power  by  ordinance  to  require  or  provide 
for  the  removal  from  property,  lands,  or  lots  of  all  weeds,  rubbish 
or  other  material  which  may  endanger  or  injure  neighboring 
property  or  the  health  or  welfare  of  residents  of  the  vicinity, 
and  to  make  the  cost  thereof  a  lien  and  charge  upon  such  property, 
lands  or  lots  and  make  provision  for  the  enforcement  of  such 
lien  by  the  sale  of  such  property,  lands  or  lots  or  otherwise. 
(Amendment  approved  May  4,  1915,  Stats.  1915,  p.  331.) 

731.  C.  C.  P.— Nuisance  Defined,  and  Actions  for. — An  action  may  be 
brought  by  any  person  whose  property  is  injuriously  affected,  or  whose 
personal  enjoyment  is  lessened  by  a  nuisance,  as  the  same  is  defined  in 
section  thirty-four  hundred  and  seventy-nine  of  the  Civil  Code,  and  by 
judgment  in  such  action  the  nuisance  may  be  enjoined  or  abated  as  well 
as  damages  recovered  therefor.  A  civil  action  may  be  brought  in  the  name 
of  the  people  of  the  State  of  California  to  abate  a  public  nuisance,  as  the 
same  is  defined  in  section  thirty-four  hundred  and  eighty  of  the  Civil  Code, 
by  the  district  attorney  of  any  county  in  which  such  nuisance  exists,  or 
by  the  city  attorney  of  the  town  or  city  in  which  such  nuisance  exists,  and 
each  of  said  officers  shall  have  concurrent  right  to  bring  such  action  for  a 
public  nuisance  existing  within  a  town  or  city,  and  such  district  attorney. 


SIXTH  CLASS  CITIES  109 

or  city  attorney,  of  any  county  or  city,  in  which  such  nuisance  exists  must 
bring  such  action  whenever  directed  by  the  board  of  supervisors  of  such 
county  or  whenever  directed  by  the  legislative  authority  of  such  town  or 
city. 

People  v.  Wing,  147  Cal.  379,  381. 

Cost  of  Street  Work  Assessed  on  Fronting  Property. 

869.  (Repealed  April  16,  1913,  Stats.  1913,  p.  33.) 

Right-of-Way. 

870.  Whenever  it  shall  become  necessary  for  the  city  or  town 
to  take  or  damage  private  property  for  the  purpose  of  establish- 
ing, laying  out,  extending  and  widening  streets  and  other  public 
highways  and  places  within  the  city  or  town,  or  for  the  purpose 
of  rights-of-way  for  drains,  sewers  and  aqueducts,  and  for  the 
purpose  of  widening,  straightening  or  diverting  the  channels  of 
streams,  or  the  improvement  of  waterfronts,  or  the  acquisition 
or  maintenance  of  public  harbors,  the  trustees  may  direct  pro- 
ceedings to  be  taken  under  section  1237  and  following  sections, 
to  and  including  section  1263  of  the  Code  of  Civil  Procedure,  to 
procure    the    same.    (Amendment    approved    February  20,  1901, 
Stats.  1901,  p.  12.) 

Bishop  v.  Superior  Court,  87  Cal.  226,  231;  Pasadena  v.  Stimson,  91  Cal. 
238,  247,  248;  City  of  Tulare  v.  Hevren,  126  Cal.  226,  231;  Johnson  v.  Good- 
year Min.  Co.,  127  Cal.  4,  16,  17,  78  Am.  St.  Rep.  17;  47  L.  R.  A.  338. 

Amendment  1889,  p.  371.  Void  as  special,  City  Pasadena  v.  Stimson, 
91  Cal.  238. 

Bridge  Connecting  City  with  Road  District. 

870a.  Whenever  the  city  trustees  shall  deem  it  necessary  for 
the  city  or  town  to  construct  a  bridge  connecting  the  municipal 
corporation  with  an  adjoining  road  district  and  it  shall  become 
necessary  in  constructing  such  bridge  to  take  or  damage  private 
property  within  or  without  or  within  and  without  the  corporate 
limits  of  said  city  or  town,  the  trustees  of  said  city  or  town  may, 
by  resolution,  declare  the  necessity  thereof  and  direct  and  main- 
tain proceedings  for  that  purpose  under  the  Title  VII  of  Part  III 
of  the  Code  of  Civil  Procedure.  (New  section  approved  Febru- 
ary 4,  1913,  Stats.  1913,  p.  10.) 

Levy  of  Taxes. 

871.  The  board  of  trustees  shall  have  the  power,  and  it  shall 
be  their  duty,  to  provide  by  ordinance  a  system  for  the  assess- 
ment, levy,  and  collection  of  all  city  or  town  taxes  not  inconsistent 
with  the  provisions  of  this  chapter.     All  taxes  shall  be  collected 
by  the  marshal  or  treasurer,  as  may  be  determined  by  the  board 
of  trustees  by  ordinance.     All  taxes  assessed,  together  with  any 
percentage  imposed  for  delinquency  and  the  costs  of  collection, 
shall  constitute  liens  on  the  property  assessed;   every  tax  upon 


110  SIXTH  CLASS  CITIES 

personal  property  shall  be  a  lien  upon  the  real  property  of  the 
owner  thereof.  The  liens  provided  for  in  this  section  shall  attach 
as  of  the  first  Monday  in  March  of  each  year,  and  may  be  enforced 
by  a  sale  of  the  real  property  affected,  and  the  execution  and 
delivery  of  all  necessary  certificates  and  deeds  therefor,  under 
such  regulation  as  may  be  prescribed  by  ordinance,  or  by  action 
in  any  court  of  competent  jurisdiction  to  foreclose  such  liens; 
provided,  that  any  property  sold  for  such  taxes  shall  be  subject 
to  redemption  within  five  years  and  upon  the  terms  provided  or 
that  may  hereafter  be  provided  for  the  redemption  of  property 
sold  for  state  taxes.  All  deeds  made  upon  any  sale  of  property 
for  taxes  or  special  assessments  under  the  provisions  of  this 
chapter  shall  have  the  same  force  and  effect  in  evidence  as  is 
or  may  hereafter  be  provided  by  law  for  deeds  for  property  sold 
for  non-payment  of  state  taxes.  (Amendment  approved  March  8, 
1905,  Stats.  1905,  p.  89.) 

(Section  3  of  the  act  amending  this  section  and  section  773  is 
as  follows:) 

3.  This  act  shall  not  repeal,  or  in  any  manner  affect,  modify, 
or  interfere  with  the  provisions  of  an  act  entitled  "An  act  to 
provide  for  the  levy  and  collection  of  taxes  by  and  for  the  use 
of  municipal  corporations  and  cities  incorporated  under  the  laws 
of  the  state  of  California,  except  municipal  corporations  of  the 
first  class,  and  to  provide  for  the  consolidation  and  abolition 
of  certain  municipal  offices,  and  to  provide  that  their  duties  may 
be  performed  by  certain  officers  of  the  county,  and  fixing  the 
compensation  to  be  allowed  for  such  county  officers  for  the  services 
so  rendered  to  such  municipal  corporations,"  approved  March  27, 
1895;  or  any  of  the  provisions  of  an  act  entitled  "An  act  to  provide 
for  the  levy  and  collection  of  taxes  by  and  for  the  use  of  municipal 
corporations  and  cities  incorporated  under  the  laws  of  the  state, 
except  municipal  corporations  of  the  first,  second,  third  and 
fourth  classes,  and  cities  operating  under  a  charter  framed  under 
Section  8,  Article  II  of  Constitution,"  approved  March  2,  1891. 

A  municipal  corporation  cannot  tax  its  own  property.  (Low  v..  Lewis, 
46  Cal.  549.) 

Land  within  a  city  although  used  solely  for  agricultural  purposes  is  sub- 
ject to  municipal  taxation  at  uniform  rate.  (Town  of  Dixon  v.  Mayes, 
72  Cal.  166.) 

Under  a  city  ordinance  providing  for  assessing  and  collecting  city  taxes 
in  the  manner  prescribed  by  Political  Code,  Title  9,  Part  3,  authority  is 
given  to  levy  taxes.  (San  Luis  Obispo  v.  Pettit,  87  Cal.  499.) 

Where  the  marshal  is  constituted  ex-officio  collector  of  taxes,  an  ordi- 
nance providing  that  the  city  attorney  shall  after  a  certain  date  collect 
delinquent  tax,  is  void.  (Placerville  v.  Wilcox,  35  Cal.  21.) 

Time  of  delinquency  must  be  fixed  in  the  ordinance  before  an  action 
will  lie  for  municipal  taxes.  (San  Leandro  v.  Le  Breton,  72  Cal.  170.) 

In  the  sale  of  land  for  delinquent  taxes,  the  requirement  that  the  notice 
should  be  mailed  to  the  last  known  postoffice  address  of  the  owner,  is  not 
shown  by  a  recital  in  the  deed  that  it  was  mailed  "to  the  party  to  whom 


SIXTH  CLASS  CITIES  111 

the  land  was  last  assessed  next  to  such  sale."  Such  sale  and  deed  therefore 
are  void.  (Carroll  v.  Bostwick,  22  Cal.  App.  147.) 

Where  the  name  of  the  person  assessed  appeared  on  the  assessment  roll 
as  E.  W.  Davis  and  recital  in  a  tax  deed  that  the  name  of  such  person  was 
E.  W.  Davies  renders  the  deed  void.  (Henderson  v.  De  Turk,  164  Cal.  296.) 

A  tax  levied  for  the  payment  of  interest  on  the  redemption  of  bonds 
which  had  not  yet  been  sold  or  contracted  to  be  sold  at  the  time  of  the  levy 
is  unlawful,  and  the  amount  may  be  recovered  under  section  3804  or  3819 
of  the  Political  Code.  (Connelly  v.  City  and  County  of  San  Francisco, 
164  Cal.  101.) 

In  the  absence  of  fraud  on  the  part  of  the  assessor,  his  method  of  arriving 
at  the  valuation  of  property  is  a  matter  entirely  of  his  determination. 
(Kern  River  Co.  v.  County  of  Los  Angeles,  164  Cal.  751.) 

Where  a  taxpayer  has  appealed  to  the  board  of  equalization  to  correct 
the  alleged  inequalities  in  his  assessment,  the  refusal  of  the  board  to  reduce 
the  assessment,  is,  in  the  absence  of  fraud,  conclusive  upon  the  courts. 
(Kern  River  Co.  v.  County  of  Los  Angeles,  164  Cal.  751.) 

Money  paid  under  protest  on  property  not  liable  to  assessment  may  be 
recovered,  notwithstanding  no  application  is  made  for  correction  of  the 
assessor's  error  before  the  period  of  equalization  has  passed.  (Brenner  v. 
City  of  Los  Angeles,  160  Cal.  72.) 

When  a  tax  collector  has  issued  a  tax  deed,  which  is  defective  in  not 
conforming  in  its  recitals  to  the  facts,  he  has  power  without  special  author- 
ization to  execute  a  second  and  corrected  deed  reciting  the  facts.  (Webster 
v.  Somer,  159  Cal.  459.) 

The  market  value  of  the  stock  of  a  corporation  on  a  given  day  is  syn- 
onymous with  the  "full  cash  value"  as  defined  by  section  3617  of  the  Political 
Code,  and  in  the  absence  of  extraordinary  conditions  the  assessor  may 
take  its  market  value  on  the  first  Monday  in  March  as  representing  its  full 
cash  value.  (City  of  Los  Angeles  v.  Western  Union  Oil  Co.,  161  Cal.  204.) 

Under  Section  14  of  Article  13  of  the  Constitution,  a  public  service  cor- 
poration engaged  in  the  business  of  selling  gas  and  electricity  is  exempt 
from  payment  of  a  license  tax  on  its  motor  vehicles.  (Pacific  Gas  &  Elec- 
tric Co.  v.  Roberts,  168  Cal.  420.) 

The  omission  of  the  dollar  mark  from  an  assessment  roll  makes  the 
assessment  and  tax  sale  based  thereon  void.  (Secombe  v.  Louis  Phillips 
Estate,  162  Cal.  161.) 

Equalization. 

872.  The  board  of  trustees  shall  meet  at  their  usual  place  of 
holding  meetings  on  the  second  Monday  of  August  of  each  year, 
at  10  o'clock  in  the  forenoon  of  said  day,  and  sit  as  a  board  of 
equalization,  and  shall  continue  in  session  from  day  to  day  until 
all  the  returns  of  the  assessor  have  been  rectified.     They  shall 
have  power  to  hear  complaints,  and  to  correct,  modify,  or  strike 
out  any  assessment  made  by  the  assessor,  and  may,  of  their  own 
motion,  raise  any  assessment,  upon  notice  to  the  party  whose 
assessment  is  to  be  raised.     The  corrected  list  for  each  tax  shall 
be  the  assessment  roll  for  said  tax  for  said  year.    It  shall  be 
certified  by  the  clerk,  who  shall  act  as  clerk  of  the  board  of  equal- 
ization, as  being  the  assessment  roll  for  said  tax,  and  shall  be 
the  assessment  roll  upon  which  such  tax  is  to  be  levied  in  said 
year. 

City  of  Escondido  v.  Wohlford,  153  Cal.  40,  41,  43;  City  of  Escondido 
v.  Escondido  L.  H.  &  G.  Co.,  8  Cal.  App.  435,  437. 

Construction  of  Act. 

873.  Nothing  in  this  chapter  contained  shall  be  construed  to 


112  SIXTH  CLASS  CITIES 

prevent  any  city  or  town  having  a  bonded  indebtedness,  con- 
tracted under  the  laws  heretofore  passed,  from  levying  and  col- 
lecting such  taxes  for  the  payment  of  such  indebtedness,  and 
the  interest  thereon,  as  are  provided  for  in  such  laws,  in  addition 
to  the  taxes  herein  authorized  to  be  levied  and  collected.  All 
moneys  received  from  licenses,  street  poll  tax,  and  from  fines, 
penalties,  and  forfeitures,  shall  be  paid  into  the  general  fund. 
Public  Work  to  Be  Done  by  Contract — By  Day  Labor — Emergency 
Expenditures— City  Printing. 

874.  In  the  erection,  improvement,  and  repair  of  all  public 
buildings  and  works,  in  all  street  and  sewer  work,  and  in  all  work 
in  or  about  streams,  bays,  or  waterfronts,  or  in  or  about  embank- 
ments, or  other  works  for  protection  against  overflow,  and  in 
furnishing  any  supplies  or  materials  for  the  same,  when  the  ex- 
penditures required  for  the  same  exceed  the  sum  of  three  hundred 
dollars,  the  same  shall  be  done  by  contract,  and  shall  be  let  to 
the  lowest  responsible  bidder,  after  notice  by  publication  in  a 
newspaper  of  general  circulation,  printed  and  published  in  such 
city  or  town,  for  at  least  two  weeks,  or  if  there  be  no  newspaper 
printed  or  published  therein,  by  printing  and  posting  the  same 
in  at  least  four  public  places  therein  for  the  same  period;  such 
notice  shall  distinctly  and  specifically  state  the  work  contemplated 
to  be  done;  provided,  that  the  board  of  trustees  may  reject  any 
and  all  bids  presented  and  readvertise,  in  their  discretion;  pro- 
vided, further,  after  rejecting  bids,  the  board  of  trustees  may 
declare  and  determine  by  a  four-fifths  vote  of  all  its  members 
that  in  its  opinion  the  work  in  question  may  be  performed  more 
economically  by  day  labor  or  the  materials  or  supplies  furnished 
at  a  lower  price  in  the  open  market,  and  after  the  adoption  of  a 
resolution  to  this  effect  they  may  proceed  to  have  the  same  done 
in  the  manner  stated  without  further  observance  of  the  foregoing 
provisions  of  this  section;  and  provided  further,  that  in  case  of 
a  great  public  calamity  such  as  an  extraordinary  fire,  flood,  storm, 
epidemic  or  other  disaster,  the  board  of  trustees  may,  by  resolu- 
tion passed  by  vote  of  four-fifths  of  all  its  members  declare  and 
determine  that  public  interest  and  necessity  demand  the  imme- 
diate expenditure  of  public  money  to  safeguard  life,  health  or 
property,  and  thereupon  they  may  proceed  to  expend  or  enter 
into  a  contract  involving  the  expenditure  of  any  sum  required 
in  such  emergency. 

The  board  of  trustees  shall  annually,  at  a  stated  time,  contract 
for  doing  all  city  printing  and  advertising,  which  contract  shall 
be  let  to  the  lowest  responsible  bidder,  after  notice,  as  provided 
in  this  section.  (Amendment  approved  April  16,  1913,  Stats. 
1913,  p.  32.  Also  amended  in  1891,  Stats.  1891,  p.  55,  and  in  1897, 
Stats.  1897,  p.  89.) 

Amendment  1897,  p.  89.    Matthews  v.  Town  of  Livermore,  159  Gal.  294, 
295.  297;  Perry  v.  City  of  Los  Angeles,  157  Cal.  146.  149. 


SIXTH  CLASS  CITIES  113 

Powers  of  President  and  President  pro  tern. 

875.  In  the  absence  of  the  president  of  the  board  of  trustees 
from  any  meeting  of  said  board,  or  in  the  event  of  his  inability 
to  act,  a  president  pro  tern,  may  be  chosen  by  the  board.     The 
president  or  president  pro  tern,  shall  preside  at  the  meetings  of 
jthe  board  of  trustees,  shall  sign  all  warrants  drawn  on  the  treas- 
urer, and  shall  sign  all  written  contracts  entered  into  by  said 
city  or  town.     The  president  pro  tern,  may  sign  or  approve  any 
ordinance  with  the  same  force  and  effect  as  if  signed  by  the  presi- 
dent.    The  president  or  president  pro  tern,  shall  have  power  to 
administer  oaths  and  affirmations,  to  take  affidavits  and  to  testify 
the  same  under  their  hands.     The  president  or  president  pro  tern, 
shall  sign  all  conveyances  made  by  said  city  or  town,  and  all 
instruments  which  shall  require  the  seal  of  the  city  or  town. 
The  president  or  president  pro  tem.  is  authorized  to  acknowledge 
the  execution  of  all  instruments  executed  by  said  city  or  town 
that  require  to  be  acknowledged. 

City  of  Redondo  Beach  v.  Barkley,  151  Cal.  176,  177,  181. 

Treasurer's  Duty. 

876.  It  shall  be  the  duty  of  the  treasurer  to  receive  and  safely 
keep  all  moneys  which  shall  come  into  his  hands  as  treasurer, 
for  all  of  which  he  shall  give  duplicate  receipts,  one  of  which 
shall  be  filed  with  the  city  clerk.     He  shall  pay  out  said  money 
on  warrants  signed  by  the  proper  officers,   and  not  otherwise, 
except  interest  on  coupon  bonds.     He  shall  make  quarterly  set- 
tlements with  the  city  clerk.     He  shall  collect  all  taxes  levied 
by  the  board  of  trustees,  if  so  required  by  ordinance.     (Amend- 
ment approved  April  16,  1913,  Stats.  1913,  p.  33.     In  effect  August 
10,  1913.     Also  amended  March  30,  1903,  Stats.  1903,  p.  336.) 

City  of  Healdsburg  v.  Mulligan,  113  Cal.  205,  211;  33  L.  R.  A.  461. 

Assessor. 

877.  It  shall  be  the  duty  of  the  assessor  between  the  first 
Monday  in  March  and  the  first  day  of  August  in  each  year,  to  make 
out  a  true  list  of  all  taxable  property  within  the  city  or  town. 
The  mode  of  making  out  said  list,  and  proceedings  relating  thereto, 
shall  be  in  conformity  with  the  laws  now  in  force  regulating  county 
assessors,  except  as  the  same  may  be  otherwise  provided  in  this 
act  or  by  ordinance.  Said  list  shall  describe  the  property  assessed, 
and  the  value  thereof,  and  shall  contain  all  other  matters  required 
to  be  stated  in  such  lists  by  county  assessors.     Said  assessor  shall 
verify  said  list  by  his  oath,  and  shall  deposit  the  same  with  the 
clerk  on  or  before  the  first  Monday  of  August  of  each  year.     Said 
assessor  and  his  deputy  shall  have  power  to  administer  all  oaths 
and    affirmations    necessary    in    the    performance    of    his    duty. 
(Amendment  effective  July  29,  1921.) 


114  SIXTH  CLASS  CITIES 

Clerk. 

878.  It  shall  be  the  duty  of  the  clerk  to  keep  a  full,  true  record 
of  all  the  proceedings  of  the  board  of  trustees  and  of  the  board 
of  equalization.  The  proceedings  of  the  board  of  trustees  shall 
be  kept  in  a  book,  marked  "Records  of  the  Board  of  Trustees." 
The  proceedings  of  the  board  of  equalization  shall  be  kept  in  a. 
separate  book,  which  shall  be  marked  "Records  of  the  Board  of 
Equalization."  He  shall  also  keep  a  book,  which  shall  be  marked 
"City  or  Town  Accounts,"  in  which  shall  be  entered  as  a  credit 
all  moneys  received  by  the  city  or  town  for  licenses,  the  amount 
of  any  tax  when  levied,  and  all  other  moneys  when  received,  and 
in  which  shall  be  entered  upon  the  debtor  side  all  commissions 
deducted  and  all  warrants  drawn  on  the  treasury.  He  shall  also 
keep  a  book,  marked  "Marshal's  Account,"  in  which  he  shall 
charge  the  marshal  with  all  the  tax  lists  delivered  to' him,  and 
all  licenses  delivered  to  him.  He  shall  credit  the  marshal  with 
the  delinquent  lists  returned  by  him,  and  with  his  commission 
for  collecting.  He  shall  also  keep  a  book,  marked  "Treasurer's 
Account,"  in  which  he  shall  keep  a  full  account  of  the  transactions 
of  the  city  or  town  with  the  treasurer.  He  shall  also  keep  a  book 
marked  "Licenses,"  in  which  he  shall  enter  all  licenses  issued 
by  him,  the  date  thereof,  to  whom  issued,  for  what,  the  time  when 
it  expires,  and  the  amount  paid.  He  shall  also  keep  a  book 
marked  "Attorney's  Account,"  and  shall  charge  said  attorney 
with  all  delinquent  tax  lists  delivered  to  him,  and  shall  credit 
him  with  money  paid  and  delinquent  tax  lists  returned.  He  shall 
keep  a  book  marked  "Ordinances,"  into  which  he  shall  copy  all 
city  or  town  ordinances,  with  his  certificate  annexed  to  said 
copy  stating  the  foregoing  ordinance  is  a  true  and  correct  copy 
of  an  ordinance  of  the  city  or  town,  and  giving  the  number  and 
title  of  said  ordinance,  and  stating  that  the  same  has  been  pub- 
lished or  posted  according  to  law.  Said  record  copy,  with  said 
certificate,  shall  be  prima  facie  evidence  of  the  contents  of  the 
ordinance  and  of  the  passage  and  publication  of  the  same,  and 
shall  be  admissible  as  such  evidence  in  any  court  or  proceeding. 
Such  records  shall  not  be  filed  in  any  case,  but  shall  be  returned 
to  the  custody  of  the  clerk.  Nothing  herein  contained  shall  be 
construed  to  prevent  the  proof  of  the  passage  and  publication 
of  ordinances  in  the  usual  way.  Each  of  the  foregoing  books, 
except  the  records  of  the  board  of  trustees  and  the  board  of 
equalization,  shall  have  a  general  index,  sufficiently  compre- 
hensive to  enable  a  person  readily  to  ascertain  matters  contained 
therein.  The  clerk  shall  also  keep  a  book  marked  "Demands 
and  Warrants,"  in  which  he  shall  note  every  demand  against 
the  city  or  town,  and  file  the  same.  He  shall  state  therein,  under 
the  note  of  the  demands,  the  final  disposition  made  of  the  same; 
and  if  the  same  is  allowed,  and  a  warrant  drawn,  he  shall  also 


SIXTH  CLASS  CITIES  115 

state  the  number  of  the  warrant,  with  sufficient  dates.  This 
book  shall  contain  an  index,  in  which  reference  shall  be  made  to 
each  demand.  Upon  the  completion  of  the  assessment  roll  of  any 
of  the  taxes  of  the  city  or  town,  and  the  levying  of  the  tax  thereon, 
the  clerk  shall  apportion  the  taxes  upon  such  assessment  roll, 
and  make  out  and  deliver  to  the  marshal  a  tax  list  in  the  usual 
form,  taking  his  receipt  therefor.  He  may  appoint  a  deputy,  for 
whose  acts  he  and  his  bondsmen  shall  be  responsible;  and  he  and 
his  deputy  shall  have  power  to  administer  oaths  or  affirmations, 
to  take  affidavits  and  depositions  to  be  used  in  any  court  or  pro- 
ceeding in  the  state,  and  to  certify  the  same.  He  and  his  deputy 
shall  take  all  necessary  affidavits  to  demands  against  the  city 
or  town,  and  certify  the  same  without  charge.  He  shall  be  the 
custodian  of  the  seal  of  the  city  or  town.  He  shall  make  a  quar- 
terly statement  in  writing,  showing  the  receipts  and  expenditures 
of  the  city  or  town  for  the  preceding  quarter,  and  the  amount 
remaining  in  the  treasury.  He  shall  at  the  end  of  every  fiscal 
year  make  a  full  and  detailed  statement  of  the  receipts  and 
expenditures  of  the  preceding  year,  and  a  full  statement  of  the 
financial  conditions  of  the  affairs  of  the  city  or  town,  which  shall 
be  published.  He  shall  perform  such  other  services  as  this  act 
and  the  ordinances  of  the  board  of  trustees  shall  require. 

Escondido  v.  Wohlford,  153  Cal.  40,  43. 

Attorney. 

879.  It  shall  be  the  duty  of  the  attorney  to  advise  the  city  or 
town  authorities  and  officers  in  all  legal  matters  pertaining  to  the 
business  of  said  city  or  town,  to  frame  all  ordinances  and  reso- 
lutions required  by  the  board  of  trustees,  and  perform  such  other 
legal  services  as  said  board  may  require  from  time  to  time.     Said 
attorney  shall  receive  such  compensation  as  may  be  allowed  by 
the  board  of  trustees.     (Amendment  effective  July  29,  1921.) 

Where  a  city  attorney  of  a  city  of  the  sixth  class  accepted  the  office  under 
an  ordinance  fixing  the  salary  and  compensation  at  a  specified  sum  per 
month  and  providing  that  such  salary  shall  be  in  full  compensation  for 
all  services  rendered,  these  provisions  must  be  considered  as  covering  any 
other  services  that  might  be  rendered  by  the  attorney.  (Bridges  v.  City 
of  Sierra  Madre,  27  Cal.  A  pp.  93.) 

City  Attorney  is  not  discharged  from  his  duty  of  fidelity  to  a  city  by 
expiration  of  his  term  of  office.  He  cannot  then  appear  for  adverse  parties. 
(In  re  Cowdery,  69  Cal.  60.) 

A  city  attorney  cannot  be  paid  extra  compensation  unless  provision  is 
made  therefor  prior  to  his  employment.    (Buck  v.  Eureka,  109  Cal.  504.) 
San  Luis  Obispo  v.  Pettit,  87  Cal.  499,  504. 

Marshal. 

880.  The  department  of  police  of  said  city  or  town  shall  be 
under  the  direction  and  control  of  the  marshal;  and  for  the  sup- 
pression of  any  riot,  public  tumult,  disturbance  of  the  peace,  or 


116  SIXTH  CJ.ASS  CITIES 

resistance  against  the  laws  or  public  authorities  in  the  lawful 
exercise  of  their  functions,  he  shall  have  the  powers  that  are  now 
or  may  hereafter  be  conferred  upon  sheriffs  by  laws  of  the  state, 
and  shall  in  all  respects  be  entitled  to  the  same  protection;  and 
his  lawful  orders  shall  be  promptly  executed  by  deputies,  police 
officers,  and  watchmen  in  said  city  or  town,  and  every  citizen 
shall  also  lend  his  aid,  when  required  for  the  arrest  of  offenders 
and  maintenance  of  public  order.  He  shall,  and  is  hereby  author- 
ized to,  execute  and  return  all  process  issued  and  directed  to  him 
by  any  legal  authority.  It  shall  be  his  duty  to  prosecute  before 
the  recorder  all  breaches  or  violations  of  or  noncompliance  with 
any  ordinance  which  shall  come  to  his  knowledge.  He  shall 
collect  all  taxes  levied  by  the  board  of  trustees,  except  as  is  herein 
provided,  and  shall,  if  practicable,  mark  the  post-office  address  of 
each  absentee  property  owner  on  the  assessment  roll.  He  shall,  at 
the  expiration  of  any  month,  pay  to  the  treasurer  all  taxes  and  other 
funds  of  said  city  or  town  collected  by  him  during  said  month. 
He  shall,  upon  payment  of  the  money,  file  with  the  treasurer  an 
affidavit,  stating  that  the  money  so  paid  is  all  the  taxes  or  funds 
that  he  has  collected  or  received  during  the  preceding  month. 
He  shall,  upon  the  receipt  of  any  tax  list,  give  his  receipt  for  the 
same  to  the  clerk,  and  shall,  upon  depositing  with  the  clerk  the 
delinquent  tax  list,  take  his  receipt  therefor.  He  shall  receive 
from  the  clerk  all  licenses,  and  collect  the  same.  He  shall  have, 
charge  of  the  prison  and  prisoners,  and  of  any  chaingang  which 
may  be  established  by  the  board  of  trustees.  He  shall  for  service 
of  any  process  receive  the  same  fees  as  constables,  but  his  fees  for 
services  in  any  criminal  action  or  proceeding  upon  process  issued 
from  the  recorder's  court  shall  not  be  a  charge  against  the  county. 
He  may  appoint,  subject  to  the  approval  of  the  board  of  trustees, 
one  or  more  deputies,  for  whose  acts  he  and  his  bondsmen  shall  be 
responsible.  He  may  also,  with  the  concurrence  of  the  president 
of  the  board  of  trustees,  when  the  same  may  be  by  them  deemed 
necessary  for  the  preservation  of  the  public  order,  appoint  addi- 
tional policemen.  He  shall  perform  such  other  services  as  this 
act  and  the  ordinances  of  the  board  of  trustees  shall  require. 
(Amendment  effective  July  29,  1921.) 

Where  a  city  marshal  admitted  that  he  had  not  filed  monthly  reports 
and  monthly  affidavits  as  required  by  law,  it  was  no  excuse  that  he  did 
not  know  that  they  were  required  and  that  it  has  not  been  the  custom  of  his 
predecessor  to  file  such  reports.  (Folsom  v.  Conklin,  86  Pac.  724,  Cat.  Apt).) 

Pritchett  v.  Stanislaus  Co.,  73  Cal.  310,  312;  Folsom  v.  Conklin,  3  Cal. 
App.  480,  483. 

Compensation  Fixed  by  Board. 

881.  The  board  of  trustees  shall,  by  ordinances  not  incon- 
sistent with  the  provisions  of  this  chapter,  prescribe  the  addi- 
tional duties  of  all  officers,  and  fix  their  compensation. 


SIXTH  CLASS  CITIES  117 

Recorder's  Court. 

882.  •  A  recorder's  court  is  hereby  established  in  such  city  or 
town,  to  be  held  by  the  recorder  of  such  city  or  town.     Such- 
recorder's  court  shall  have  jurisdiction,  concurrently  with  the 
justices'  courts,  of  all  actions  and  proceedings,  civil  and  criminal, 
arising  within  the  corporate  limits  of  such  city  or  town,   and 
which  might  be  tried  in  such  justice's  court;    and  shall  have 
exclusive  jurisdiction  of  all  actions  for  the  recovery  of  any  fine, 
penalty,  or  forfeiture  prescribed  for  the  breach  of  any  ordinance 
of  such  city  or  town,  of  all  actions  founded  upon  any  obligation 
created  by  any  ordinance,  and  of  all  prosecutions  for  any  viola- 
tion of  any  ordinance.     In  all  civil  actions  for  the  recovery  of  any 
fine,  penalty,  or  forfeiture  prescribed  for  the  breach  of  any  ordi- 
nance of  such  city  or  town,  where  the  fine,  penalty,  or  forfeiture 
imposed  by  the  ordinance  is  not  more  than  fifty  dollars,  the  trial 
must  be  by  the  court,  in  civil    actions  where  the  fine,  penalty  or 
forfeiture  prescribed  for  the  breach  of  any  ordinance  of  such  city 
or  town  is  over  fifty  dollars,  the  defendant  is  entitled  to  a  jury. 
Except  as  in  this  section  otherwise  provided,  the  rules  of  prac- 
tice and  mode  of  proceeding  in  said  recorder's  court  shall  be  the 
same  as  are  or  may  be  prescribed  by  law  for  justice's  courts  in 
like  cases;  and  appeals  may  be  taken  to  the  superior  court  of  the 
county  in  which  such  city  or  town  may  be  situated,  from  all 
judgments  of  said  recorder's  court,  in  like  manner  and  with  like 
effect    as    in  cases  of  appeals  from  justices'  courts.      (Amend- 
ment approved  March  7,  1905,  Stats.  1905,  p.  73.) 

In  prosecution  before  a  municipal  court  for  violation  of  an  ordinance, 
the  ordinance  need  not  be  pleaded,  as  the  court  takes  judicial  notice  of  it. 
(Ex  parte  Davis,  115  Gal.  445.) 

An  ordinance  cannot  be  pleaded  in  a  complaint  simply  by  referring  to 
it  by  number.  (City  of  Tulare  v.  Heveran,  126  Cal.  226.) 

The  appellate  jurisdiction  of  the  Supreme  Court  in  all  cases  involving 
the  legality  of  a  municipal  fine  does  not  include  criminal  cases  imposing 
fines  for  violation  of  a  city  ordinance.  The  provision  refers  only  to  civil 
cases.  (People  v.  Pacific  Gas  &  Electric  Co.,  168  Cal.  496.) 

Town  of  Hayward  v.  Pimental,  107  Cal.  386,  387;  In  re  Baxter,  3  Cal. 
App.  716,  721.) 

Amendment  1905,  p.  73,  Ex  parte  Bagshaw,  152  Cal.  701,  702,  703;  Rigby 
v.  Superior  Court,  162  Cal.  334,  336.) 

Powers  of  Recorder  as  Judge. 

883.  The  recorder  shall  be  judge  of  the  recorder's  court,  and 
shall  have  the  powers  and  perform  the  duties  of  a  magistrate. 
He  may  administer  and  certify  oaths  and  affirmations,  and  take 
and  certify  acknowledgments.     A  justice  of  the  peace  may,  at 
the  same  time,  hold  the  office  of  recorder.     (Amendment  effective 
July  29,  1921.) 


118  SIXTH  CLASS  CITIES 

Recorder  Disqualified  as  Judge  in  Certain  Cases. 

884.  In  all  cases  in  which  the  recorder  is  a  party,  or  in  which 
he  is  interested,  or  when  he  is  related  to  either  party  by  con- 
sanguinity or  affinity  within  the  third  degree,   or  is  otherwise 
disqualified,  or  in  case  of  sickness  or  inability  to  act,  the  recorder 
may  call  in  a  justice  of  the  peace,  residing  in  the  city  or  town 
to  act  in  his  place  and  stead;  or  if  there  be  no  justice  of  the  peace 
residing  in  the  city  or  town,  or  if  those  so  residing  are  likewise 
disqualified,  then  he  may  call  in  any  justice  of  the  peace  residing 
in  the  county  in  which  such  city  or  town  may  be  situated. 

ARTICLE  VI. 

MISCELLANEOUS   PROVISIONS. 

Collection  of  Moneys. 

885.  Every  officer  collecting  or  receiving  any  moneys  belong- 
ing to  or  for  the  use  of  such  city  or  town  shall  settle  for  the  same 
with  the  clerk  on  the  first  Monday  in  each  month,  and  immediately 
pay  the  same  into  the  treasury,  on  the  order  of  the  clerk,  for  the 
benefit  of  the  funds  to  which  such  moneys  respectively  belong. 

No  Officer  to  Be  Interested  in  Any  Public  Contract. 

886.  No  officer  of  such  city  or  town  shall  be  interested,  directly 
or  indirectly,  in  any  contract  with  such  city  or  town,  or  with  any 
of  the  officers  thereon  in  their  official  capacity,  or  in  doing  any 
work  or  furnishing  any  supplies  for  the  use  of  such  city  or  town, 
or  its  officers  in  their  official  capacity;  and  any  claim  for  com- 
pensation or  for  work  done,  or  supplies  or  materials  furnished, 
in  which  any  such  officer  is  interested,  shall  be  void,   and  if 
audited  and  allowed  shall  not  be  paid  by  the  treasurer.    Any 
wilful  violation  of  the  provisions  of  this  section  shall  be  a  ground 
for  removal  from  office,   and  shall  be  deemed  a  misdemeanor, 
and  punished  as  such. 


PENAL    CODE    PROVISIONS    FOR 
RECORDERS'  COURTS. 

Proceedings  in  Justices'  Courts,  and  Police  Courts,  and  Appeals  to 

Superior  Courts. 

SEC.  1425.  Jurisdiction.  The  justices'  courts  have  jurisdiction 
of  the  following  public  offenses  committed  within  the  respective 
counties  in  which  such  courts  are  established: 

1.  Petit  larceny; 

2.  Assault  and  battery  not  charged  to  have  been  committed 
upon  a  public  officer  in  the  discharge  of  his  duties,  or  to  have 
been  committed  with  such  intent  as  to  render  the  offense  a  felony; 

3.  Breaches  of  the  peace,  riots,  routs,  affrays,  committing  a 
willful  injury  to  property,  and  all  misdemeanors  punishable  by 
fine  not  exceeding  five   hundred   dollars,    or  imprisonment  not 
exceeding  six  months,  or  by  both  such  fine  and  imprisonment. 

SEC.  1426.  Proceedings  must  be  commenced  by  complaint.  All 
proceedings  and  action  before  a  justice's  or  police  court,  for  a 
public  offense  of  which  such  courts  have  jurisdiction,  must  be 
commenced  by  complaint  under  oath,  setting  forth  the  offense 
charged,  with  such  particulars  of  time,  place,  person,  and  property 
as  to  enable  the  defendant  to  understand  distinctly  the  character 
of  the  offense  complained  of,  and  to  answer  the  complaint. 

SEC.  1426a.  (New)  Complaint  for  misdemeanor;  time  for  filing. 
A  complaint  for  any  misdemeanor  triable  in  a  justice's  or  police 
court  must  be  filed  within  one  year  after  its  commission. 

SEC.  1427.  When  warrant  of  arrest  must  issue ;  form  of  warrant ; 
in  case  of  offense  by  corporation.  If  the  justice  of  the  peace,  or 
police  judge,  is  satisfied  therefrom  that  the  offense  complained 
of  has  been  committed,  he  must  issue  a  warrant  of  arrest,  which 
must  be  substantially  in  the  following  form: 


WARRANT 

• 

"County  of 

"The  People  of  the  State  of  California  to  any  sheriff,  con- 
stable, marshal,  or  policeman  in  this  state: 

"Complaint  upon  oath  having  been  this  day  made  before 

me,  (justice  of  the  peace  or  police  judge, 

as  the  case  may  be),  by  C.  D.,  that  the  offense  of  (designating 
it  generally)  has  been  committed,  and  accusing  E.  F.  thereof; 
you  are  therefore  commanded  forthwith  to  arrest  the  above 
named  E.  F.  and  bring  him  before  me  forthwith  at  (naming 
the  place). 

"Witness  my  hand  and  seal  at ,  this 

day  of ,  A.  D 

"A.  B." 


120  RECORDERS'  COURTS — PENAL  CODE  PROVISIONS 

If  it  appears  that  the  offense  complained  of  has  been  committed 
by  a  corporation,  no  warrant  of  arrest  need  issue,  but  the  justice 
of  the  police  or  police  judge  must  issue  a  summons  substantially 
in  the  form  prescribed  in  section  thirteen  hundred  and  ninety-one. 
Such  summons  must  be  served  at  the  time  and  in  the  manner 
designated  in  section  thirteen  hundred  and  ninety-two.  At  the 
time  named  in  the  summons  the  corporation  may  appear  by 
counsel  and  answer  the  complaint.  If  it  does  not  appear,  a  plea 
of  not  guilty  must  be  entered,  and  the  same  proceedings  had 
therein  as  in  other  cases. 

Arrest  by  peace  officer;  Ante,  sec.  836. 

Arrest  by  private  person;  Ante,  sec.  837. 

Arrest  by  oral  order  of  magistrate;  Ante,  sec.  838. 

Duty  of  officer  or  person  making  arrest;  Ante,  sees.  847,  848. 

1428.  Minutes,  how  kept.    A  docket  must  beScept  by  the  jus- 
tice of  the  peace  or  police  justice,  or  by  the  clerk  of  the  courts 
held  by  them,  if  there  is  one,  in  which  must  be  entered  each  action 
and  the  proceedings  of  the  court  therein. 

1429.  The  plea,  and  how  put  in.     The  defendant  may  make  the 
same  plea  as  upon  an  indictment,  as  provided  in  section  ten  hun- 
dred and  sixteen.    His  plea  must  be  oral,   and  entered  in  the 
minutes.     If  the  defendant  plead  guilty,  the  court  may,  before 
entering  such  plea  or  pronouncing  judgment,  examine  witnesses 
to  ascertain  the  gravity  of  the  offense  committed;    and   if  it 
appear  to  the  court  that  a  higher  offense  has  been  committed 
than  the  offense  charged  in  the  complaint,  the  court  may  order 
the  defendant  to  be  committed  or  admitted  to  bail,  to  answer 
any  indictment  which  may  be  found  against  him  by  the  grand 
jury,   or  any  information  which  may  be  filed  by  the  district 
attorney.     (En.  February  14,  1872.     Am'd.  1873-4,  453;  1880,  30.) 

1016.  The  different  kinds  of  pleas.    There  are  four  kinds  of 
pleas  to  an  indictment  or  information.     A  plea  of 

"l.    Guilty. 

2.  Not  guilty. 

3.  A  former  judgment  of  conviction  of  acquittal  of  the  offense 
charged,  which  may  be  pleaded  either  with  or  without  the  plea 
of  not  guilty. 

4.  Once  in  jeopardy. 

1017.  Plea,  how  put  in,  and  its  form.    Every  plea  must  be  oral, 
and  entered  upon  the  minutes  of  the  court  in  substantially  the 
following  form: 

1.  If  the  defendant  plead  guilty:  "The  defendant  pleads  that 
he  is  guilty  of  the  offense  charged:" 


RECORDERS'  COURTS — PENAL  CODE  PROVISIONS  121 

2.  If  he  plead  not  guilty:    "The  defendant  pleads  that  he  is 
not  guilty  of  the  offense  charged." 

3.  If  he  plead  a  former  conviction  or  acquittal:     "The  defend- 
ant pleads  that  he  has  already  been  convicted  (or  acquitted)  of 

the  offense  charged  by  the  judgment  of  the  court  of 

(naming  it),  rendered  at. . : (naming  the  place),  on  the 

day  of " 

4.  If  he  pleads  once  in  jeopardy:     "The  defendant  pleads  that 
he  has  been  once  in  jeopardy  for  the  offense  charged  (specifying 
the  time,  place,  and  court)." 

Cal.  Rep.  Cit.  47,  124;  49,  395;  52,  480;  55,  298;  64,  403;  73,  445; 

77,  33;  101,  282;  146,  315;  Subd.  4-143,  129. 
Grim.  Prac.  Act.,  sec.  299.   En.  April  20,  1850.     Rep.  1851,  290. 

En.  1851,  212. 
Cal.  Rep.  Cit.  4,  242. 
Grim.  Prac.  Act,  sec.  300.     En.  April  20,  1850.   Rep.  1851,  290. 

En.  1851,  212. 
Cal.  Rep.  Cit.  32,  433. 
Pleas  generally:    Ante,  sec.  1016. 

PLEA  OF  GUILTY. — This  plea  can  only  be  put  in  by  the  defend- 
ant himself  in  open  court,  unless  upon  indictment  against  a  corpo- 
ration, in  which  case  it  may  be  put  in  by  counsel.    (Post,  sec.  1018. 
Insanity:    Ante,  sec.  26,  subd.  3.) 
Evidence  under  plea  of  not  guilty.     (Post,  sec.  1020.) 

1430.  Issue,  how  tried.     Upon  a  plea  other  than  a  plea  of 
guilty,  if  the  parties  waive  a  trial  by  jury,  and  an  adjournment 
or  change  of  venue  is  not  granted,  the  court  must  proceed  to  try 
the  case. 

1431.  Change  of  venue,  when  granted.    If  the  action  or  pro- 
ceeding is  in  a  justice's  court,  a  change  of  the  place  of  trial  may 
be  had  at  any  time  before  the  trial  commences: 

1.  When  it  appears  from  the  affidavit  of  the  defendant  that 
he  has  reason  to  believe,  and  does  believe,  that  he  cannot  have 
a  fair  and  impartial  trial  before  the  justice  about  to  try  the  case, 
by  reason  of  the  prejudice  or  bias  of  such  justice,  the  cause  must 
be  transferred  to  another  justice  of  the  same  or  an  adjoining  town- 
ship. 

2.  When  it  appears  from  affidavits  that  the  defendant  cannot 
have  a  fair  and  impartial  trial,  by  reason  of  the  prejudice  of  the 
citizens  of  the  township,  the  cause  must  be  transferred  to  a  jus- 
tice of  the  township  where  the  same  prejudice  does  not  exist. 
(En.  February  14,  1872.) 

1432.  Proceedings  on  change  of  venue.    When  a  change  of  the 
place  of  trial  is  ordered,  the  justice  must  transmit  to  the  justice 
before  whom  the  trial  is  to  be  had  all  the  original  papers  in  the 


122  RECORDERS'  COURTS — PENAL  CODE  PROVISIONS 

cause,  with  a  certified  copy  of  the  minutes  of  his  proceedings; 
and  upon  receipt  thereof,  the  justice  to  whom  they  are  delivered 
must  proceed  with  the  trial  in  the  same  manner  as  if  the  proceeding 
or  action  had  been  originally  commenced  in  his  court.  (En. 
February  14,  1872.) 

1433.  Postponement  of  the  trial.    Before  the  commencement  of 
a  trial  in  any  of  the  courts  mentioned  in  this  chapter,  either  party 
may,  upon  good  cause  shown,  have  a  reasonable  postponement 
thereof. 

1434.  Defendant  to  be  present.    The  defendant  must  be  per- 
sonally present  before  the  trial  can  proceed.     (En.  February  14, 
1872.) 

1435.  Jury  trial,  how  waived.    A  trial  by  jury  may  be  waived 
by  the  consent  of  both  parties  expressed  in  open  court  and  entered 
in  the  docket.     The  formation  of  the  jury  is  provided  for  in  chapter 
one,  title  three,  part  one,  of  the  Code  of  Civil  Procedure. 

1436.  Challenges.    The   same   challenges   may   be    taken   by 
either  party  to  the  panel  of  jurors,  or  to  any  individual  juror,  as 
on  the  trial  of  an  indictment  for  a  misdemeanor,  but  the  challenge 
must  in  all  cases  be  tried  by  the  court. 

1072.  General  causes  of  challenge.    General  causes  of  challenge 
are: 

1.  A  conviction  for  felony. 

2.  A  want  of  any  of  the  qualifications  prescribed  by  law  to 
render  a  person  a  competent  juror. 

3.  Unsoundness  of  mind,  or  such  defect  in  the  faculties  of  the 
mind  or  organs  of  the  body  as  renders  him  incapable  of  perform- 
ing the  duties  of  a  juror. 

Exemptions:    Code  Civ.  Proc.  sec.  200. 

1073.  Particular  cause  of  challenge.    Particular  causes  of  chal- 
lenge are  of  two  kinds: 

First — For  such  a  bias  as,  when  the  existence  of  the  facts  is 
ascertained,  in  judgment  of  law  disqualifies  the  juror,  and  which 
is  known  in  this  code  as  implied  bias. 

Second — For  the  existence  of  a  state  of  mind  on  the  part  of  the 
juror  in  reference  to  the  case,  or  to  either  of  the  parties,  which 
will  prevent  him  from  acting  with  entire  impartiality  and  without 
prejudice  to  the  substantial  rights  of  either  party,  which  is  known 
m  this  code  as  actual  bias. 

1067.  Challenges  to  individual  juror.  A  challenge  to  an  indi- 
vidual juror  is  either: 

1.  Peremptory;  or 

2.  For  cause. 

1058.  Challenge  to  the  jury  defined.  A  challenge  to  the  panel 
is  an  objection  made  to  all  the  jurors  returned  and  may  !><•  taken 
by  either  party. 


RECORDERS'  COURTS — PENAL  CODE  PROVISIONS  123 

1070.  Number  of  peremptory  challenges.  If  the  offense  charged 
be  punishable  with  death,  or  with  imprisonment  in  the  state 
prison  for  life,  the  defendant  is  entitled  to  twenty  and  the  state 
to  ten  peremptory  challenges.  On  a  trial  for  any  other  offense, 
the  defendant  is  entitled  to  ten  and  the  state  to  five  peremptory 
challenges. 

1437.  Oath  of  jurors.     The  court  must  administer  to  the  jury 
the  following  oath:     "You  do  swear  that  you  will  well  and  truly 
try  this  issue  between  the  people  of  the  State  of  California  and 
A.  B.,  the  defendant,  and  a  true  verdict  render  according  to  the 
evidence." 

1438.  Trial,  how  conducted.    After  the  members  of  the  jury  are 
sworn,  they  must  sit  together  and  hear  the  proofs  and  allegations 
of  the  parties,  which  must  be  delivered  in  public  and  in  the  presence 
of  the  defendant  and  if  any  defendant  be  not  present,  the  court  or 
justice  of  the  peace  by  an  order  or  warrant  may  require  the  personal 
attendance  of  such  defendant. 

1093.  Order  of  trial.  The  jury  having  been  impaneled  and 
sworn,  the  trial  must  proceed  in  the  following  order,  unless  other- 
wise directed  by  the  court: 

1.  If  the  indictment  or  information  be  for  felony,  the  clerk 
must  read  it,  and  state  the  plea  of  the  defendant  to  the  jury, 
and  in  cases  where  it  charges  a  previous  conviction,   and  the 
defendant  has  confessed  the  same,  the  clerk  in  reading  it  shall 
omit  therefrom  all  that  relates  to  such  previous  conviction.     In 
all  other  cases  this  formality  may  be  dispensed  with. 

2.  The   district   attorney,    or   other   counsel   for   the   people, 
must  open  the  cause  and  offer  the  evidence  in  support  of  the 
charge. 

3.  The  defendant  or  his  counsel  may  then  open  the  defense, 
and  offer  his  evidence  in  support  thereof. 

4.  The  parties  may  then  respectively  offer  rebutting  testimony 
only,  unless  the  court,  for'  good  reason,  in  furtherance  of  justice, 
permit  them  to  offer  evidence  upon  their  original  case. 

5.  When  the  evidence  is  concluded,  unless  the  case  is  sub- 
mitted to  the  jury  on  either  side,  or  on  both  sides,  without  argu- 
ment, the  district  attorney,  or  other  counsel  for  the  people,  and 
counsel  for  the  defendant,  may  argue  the  case  to  the  court  and 
jury;  the  district  attorney,  or  other  counsel  for  the  people,  open- 
ing the  argument  and  having  the  right  to  close. 

6.  The  judge  may  then  charge  the  jury,  and  must  do  so  on 
any  points  pertinent  to  the  issue,  if  requested  by  either  party; 
and  he  may  state  the  testimony  and  declare  the  law.     If  the 
charge  be  not  given  in  writing,  it  must  be  taken  down  by  the 
phonographic  reporter. 

1439.  Court  to  decide  questions  of  law,  but  not  of  fact.    The 
court  must  decide  all  questions  of  law  which  may  arise  in  the 


124  RECORDERS'  COURTS — PENAL  CODE  PROVISIONS 

course  of  the  trial,  but  can  give  no  charge  with  respect  to  matters 
of  fact. 

1440.  Jury  may  decide  in  court,  or  retire.    After  hearing  the 
proofs  and  allegations,   the  jury  may  decide  in  court,   or  may 
retire  for  consideration.     If  they  do  not  immediately  agree,  an 
officer  must  be  sworn  to  the  following  effect:     "You  do  swear 
that  you  will  keep  this  jury  together  in  some  quiet  and  convenient 
place;  that  you  will  not  permit  any  person  to  speak  to  them,  nor 
speak  to  them  yourself,  unless  by  order  of  the  court,  or  to  ask 
them  whether  they  have  agreed  upon  a  verdict;   and  that  you 
will  return  them  into  court  when  they  have  so  agreed,  or  when 
ordered  by  the  court." 

1441.  Verdict  of  jury,  how  delivered  and  entered.    The  verdict 
of  the  jury  must  in  all  cases  be  general.     When  the  jury  have 
agreed  on  their  verdict,  they  must  deliver  it  publicly  to  the 
court,  who  must  enter,  or  cause  it  to  be  entered,  in  the  minutes. 
(Verdict,  general  and  special;  see  sec.  1151,  Penal  Code.) 

1442.  Verdict,    when    several    defendants    are    tried    together. 
When  several  defendants  are  tried  together,  if  the  jury  cannot 
agree  upon  a  verdict  as  to  all,  they  may  render  a  verdict  as  to 
those  in  regard  to  whom  they  do  agree,  on  which  a  judgment 
must  be  entered  accordingly,  and  the  case  as  to  the  rest  may  be 
tried  by  another  jury.     (En.  February  14,  1872.) 

1443.  Jury,  when  to  be  discharged  without  a  verdict.    The  jury 
cannot  be  discharged  after  the  cause  is  submitted  to  them,  until 
they  have  agreed  upon   and   rendered   their   verdict,    unless   for 
good  cause,  the  court  sooner  discharges  them. 

1444.  If  discharged,  defendant  may  be  tried  again.     If  the  jury 
is  discharged,  as  provided  in  the  last  section,  the  court  may  pro- 
ceed again  to  the  trial,  in  the  same  manner  as  upon  the  first  trial, 
and  so  on,  until  a  verdict  is  rendered. 

1445.  Proceedings  on  plea  of  guilty,  or  on  conviction.    When 
the  defendant  pleads  guilty,  or  is  convicted,  either  by  the  court, 
or  by  a  jury,  the  court  must  render  judgment  thereon  of  fine  or 
imprisonment,  or  both,  as  the  case  may  be. 

1446.  Judgment  of  fine  may  direct  imprisonment.     A  judgment 
that  the  defendant  pay  a  fine  may  also  direct  that  he  be  impris- 
oned until  the  fine  be  satisfied,  in  the  proportion  of  one  days' 
imprisonment  for  every  dollar  of  the  fine. 

1447.  Defendant,  on  acquittal,  to  be  discharged — Costs.     \\licn 
the  defendant  is  acquitted,  either  by  the  court  or  by  the  jury,  he 
must  be  immediately  discharged;  and  if  the  court  certify  in  tho 
minutes  that  the  prosecution  was  malicious  or  without  probable 
cause,  it  may  order  the  prosecutor  to  pay  the  costs  of  the  action, 


RECORDERS'  COURTS — PENAL  CODE  PROVISIONS  125 

or  to  give  satisfactory  security  by  a  written  undertaking,  with 
one  or  more  sureties,  to  pay  the  same  within  thirty  days  after 
the  trial. 

1448.  Judgment  against  prosecutor  for  costs.    If  the  prosecutor 
does  not  pay  the  costs,  or  give  security  therefor,  the  court  may 
enter  judgment  against  him  for  the  amount  thereof,  which  may 
be  enforced  in  all  respects  in  the  same  manner  as  a  judgment 
rendered  in  a  civil  action. 

1449.  Judgment,  when  to  be  rendered.    After  a  plea  or  verdict 
of  guilty,  or  after  a  verdict  against  the  defendant,  on  a  plea  of 
a  former  conviction  or  acquittal,  the  court  must  appoint  a  time 
for  rendering  judgment,  which  must  not  be  more  than  two  days 
nor  less  than  six  hours  after  the  verdict  is  rendered,  unless  the 
defendant  waive  the  postponement.     If  postponed,  the  court  may 
hold  the  defendant  to  bail  to  appear  for  judgment. 

1450.  Motion  for  a  new  trial,  or  in  arrest  of  judgment.    At  any 
time  before  judgment,  defendant  may  move  for  a  new  trial  or  in 
arrest  of  judgment. 

1451.  New  trial,  grounds  of.     A  new  trial  may  be  granted  in 
the  following  cases: 

1.  When  the  trial  has  been  had  in  the  absence  of  the  defend- 
ant,    unless  he  voluntarily  absent  himself,  with  full  knowledge 
that  a  trial  is  being  had. 

2.  When  the  jury  has  received  any  evidence  out  of  court. 

3.  When  the  jury  has  separated  without  leave  of  the  court, 
after  having  retired  to  deliberate  upon  their  verdict,   or  been 
guilty  of  any  misconduct  tending  to  prevent  a  fair  and  due  con- 
sideration of  the  case. 

4.  When  the  verdict  has  been  decided  by  lot,  or  by  any  means 
other  than  a  fair  expression  of  opinion  on  the  part  of  all  the  jurors. 

5.  When  there  has  been  error  in  the  decision  of  the  court, 
given  on  any  question  of  law  arising  during  the  course  of  the  trial. 

6.  When  the  verdict  is  contrary  to  law  or  evidence. 

7.  When  new  evidence  is  discovered  material  to  the  defendant, 
and  which  he  could  not,  with  reasonable  diligence,  have  discoyered 
and  produced  at  the  trial;  but  when  a  motion  for  a  new  trial  is 
made  upon  this  ground,  the  defendant  must  produce  at  the  hearing 
the  affidavits  of  the  witnesses  by  whom  such  newly  discovered 
evidence  is  expected  to  be  given. 

1452.  Grounds  of  motion  in  arrest  of  judgment.     The  motion  in 
arrest  of  judgment  may  be  founded  on  any  substantial  defect  in 
the  complaint,  and  the  effect  of  an  arrest  of  judgment  is  to  place 
the  defendant  in  the  same  situation  in  which  he  was  before  the 
trial  was  had. 


126  RECORDERS'  COURTS — PENAL,  CODE  PROVISIONS 

1453.  Judgment  to  be  entered  in  the  minutes.    If  the  judgment 
is  not  arrested,  or  a  new  trial  granted  judgment  must  be  pro- 
nounced at  the  time  appointed  and  entered  in  the  minutes  of  the 
court. 

1454.  Discharge  of  defendant  on  judgment  of  acquittal  or  fine 
only.     If  judgment  of  acquittal  is  given,  or  judgment  imposing  a 
fine  only,  without  imprisonment  for  non-payment,  and  the  defend- 
ant is  not  detained  for  any  other  legal  cause,  he  must  be  discharged 
as  soon  as  the  judgment  is  given. 

1455.  Judgment  of  imprisonment,  how  executed.    When  a  judg- 
ment of  imprisonment  is  entered,  a  certified  copy  thereof  must 
be  delivered  to  the  sheriff,  marshal,  or  other  officer,  which  is  a 
sufficient  warrant  for  its  execution. 

1456.  Judgment  of  imprisonment  until  fine  is  paid,  how  executed. 
When  a  judgment  is  entered  imposing  a  fine,   or  ordering  the 
defendant  to  be  imprisoned  until  the  fine  is  paid,  he  must  be  held 
in  custody  during  the  time  specified  in  the  judgment,  unless  the 
fine  is  sooner  paid. 

1457.  Defendant  discharged  upon  payment  of  fine;   disposition 
of  fine.    Upon  payment  of  the  fine,  the  officer  must  discharge  the 
defendant,  if  he  is  not  detained  for  any  other  legal  cause,  and  pay 
over  the  fine  within  ten  days  to  the  county  treasurer  if  the  offense 
is  prosecuted  for  the  violation  of  the  state  law  in  a  justice's  court; 
provided  that  all  fines  and  forfeitures  collected  in  any  police 
court  or  city  justice's  court  that  is  maintained,  and  the  salaries 
of  the  officers  thereof  paid  by  the  city,  whether  prosecuted  for  a 
violation  of  a  state  law  or  a  city  ordinance  shall  be  paid  to  the 
city  treasurer  of  the  city  in  which  such  court  is  located;   and 
further  provided  that  all  fines  and  forfeitures  collected  for  the 
violation  of  a  city  or  town  ordinance,  in  a  justice's  court  shall 
be  paid  over  to  the  city  or  town  treasurer  of  the  city  or  town  in 
which  such  ordinance  is  in  force,  subject,  however,  to  the  pro- 
visions of  Chapter  I  of  Title  XV  of  Part  I  of  this  code. 

1458.  Defendant  may  be  admitted  to  bail.    The  defendant,  at 
any  time  after  his  arrest,  and  before  conviction,  may  pe  admitted 
to  bail.     The  provisions  of  this  code  relative  to  bail  are  applicable 
to  bail  in  justices'  or  police  courts. 

1459.  Subpoenas.    The  justice  or  judge  of  either  of  the  courts 
mentioned  in  this  chapter  may  issue  subpoenas  for  witnesses,  as 
provided  in  section  thirteen  hundred  and  twenty-six,  and  pun- 
ish disobedience  thereof,  as  provided  in   section   one   thousand 
three  hundred  and  thirty-one. 

1460.  Entitling    affidavits.    The    provisions    of    section    one 
thousand  four  hundred  and  one,  in  respect  to  entitling  affidavits, 


RECORDERS'  COURTS — PENAL  CODE  PROVISIONS  127 

are  applicable  to  proceedings  in  the  courts  mentioned  in  this 
chapter. 

1461.  "Police  courts"  defined.  The  term  "police  courts,"  as 
used  in  this  and  the  succeeding  chapter,  includes  police  judges' 
courts,  police  courts,  and  all  courts  held  by  mayors  or  recorders 
in  incorporated  cities  or  towns. 

CHAPTER  II. 

APPEALS  TO   SUPERIOR  COURTS. 

1466.  Appeals,   when  allowed.    Either  party  may   appeal   to 
the  superior  court  of  the  county  from  a  judgment  of  a  justice's 
or  police  court,  in  like  cases  and  for  like  cause  as  appeals  may  be 
taken  to  the  supreme  court. 

1467.  Appeals,  how  taken,  heard,  and  determined.    The  appeal 
may  be  taken,  heard  and  determined  as  provided  in  title  9,  part 
2  of  this  code,  except  that  such  appeal  must  be  taken  within  fifteen 
days  after  the  judgment  is  rendered  or  within  ten  days  after  the 
order  is  made  from  which  the  appeal  is  taken. 

1468.  Statement  on  appeal.     The  appeal  to  the  superior  court 
from  the  judgment  of  a  justice's  or  police  court  is  heard  upon  a 
statement  of  the  case  settled  by  the  justice  or  police  judge,  em- 
bodying such  rulings  of  the  court  as  are  excepted  to,  which  state- 
ment must  be  filed  with  and  settled  by  the  court  within  ten  days 
after  filing  notice  of  appeal. 

1469.  If  new  trial  granted,  in  what  court  had.     If  a  new  trial 
is  granted  upon  appeal,  it  must  be  had  in  the  superior  court. 

1470.  Proceedings,  if  appeal  is  dismissed  or  judgment  affirmed. 
If  the  appeal  is  dismissed  or  the  judgment  affirmed,  a  copy  of 
the  order  of  dismissal  or  judgment  of  affirmance  must  be  remitted 
to  the  court  below,  which  may  proceed  to  enforce  its  sentence. 

CHAPTER  III. 

OF  SEARCH-WARRANTS. 

1523.  Search-warrant  defined.     A  search-warrant  is  an  order 
in  writing,  in  the  name  of  the  people,  signed  by  a  magistrate, 
directed  to  a  peace  officer,  commanding  him  to  search  for  per- 
sonal property,  and  bring  it  before  the  magistrate. 

1524.  Upon  what  ground  it  may  issue.    It  may  be  issued  upon 
either  of  the  following  grounds: 

1.  When  the  property  was  stolen  or  embezzled;  in  which  case 
it  may  be  taken  on  the  warrant  from  any  place  in  which  it  is  con- 
cealed, or  from  the  possession  of  the  person  by  whom  it  was 


128  RECORDERS'  COURTS— PENAL  CODE  PROVISIONS 

stolen  or  embezzled,  or  from  any  person  in  whose  possession  it 
may  be. 

2.  When  it  was  used  as  the  means  of  committing  a  felony;  in 
which  case  it  may  be  taken  on  the  warrant  from  the  place  in 
which  it  is  concealed,  or  from  the  possession  of  the  person  by 
whom  it  was  used  in  the  commission  of  the  offense,  or  from  any 
person  in  whose  possession  it  may  be. 

3.  When  it  is  in  the  possession  of  any  person  with  the  intent 
to  use  it  as  a  means  of  committing  a  public  offense,  or  in  the 
possession  of  another  to  whom  he  may  have  delivered  it  for  the 
purpose  of  concealing  it  or  preventing  its  being  discovered;    in 
which  case  it  may  be  taken  on  the  warrant  from  such  person,  or 
from  any  place  occupied  by  him,  or  under  his  control,  or  from 
the  possession  of  the  person  to  whom  he  may  ha,ye  so  delivered  it. 

4.  When  the  property  is  a  cask,  keg,  bottle,  vessel,  siphon, 
can,  case,  or  other  package,  bearing  printed,  branded,  stamped, 
engraved,    etched,    blown,    or   otherwise    attached   or   produced 
thereon  the  duly  filed  trademark  or  name  of  the  person  by  whom, 
or  on  whose  behalf,   the  search-warrant  is  applied  for,   in  the 
possession  of  any  person  except  the  owner  thereof,  with  the  intent 
to  sell  or  traffic  in  the  same,  or  refill  the  same  with  intent  to 
defraud  the  owner  thereof,  with  such  intent,  and  without  such 
owner's  consent  thereof,  or  unless  the  same  shall  have  been  pur- 
chased from  the  owner  thereof;   in  which  case  it  may  be  taken 
on  the  warrant  from  such  person,  or  from  any  place  occupied  by 
him,  or  under  his  control,  or  from  the  possession  of  the  person 
to  whom  he  may  have  delivered  it. 

1525.  It  cannot  be  issued  but  upon  probable   cause,   etc.    A 
search-warrant  cannot  be  issued  but  upon  probable  cause,  sup- 
ported by  affidavit  naming  or  describing  the  person,  and  partic- 
ularly describing  the  property  and  the  place  to  be  searched. 

1526.  Magistrates  must  examine,  on  oath,  complaint,  etc.    The 
magistrate  must,  before  issuing  the  warrant,  examine  on  oath 
the  complaint,  and  any  witnesses  he  may  produce,  and  take  their 
depositions  in  writing,  and  cause  them  to  be  subscribed  by  the 
parties  making  them. 

1527.  Depositions,  what  to  contain.     The  depositions  must  set 
forth  the  facts  tending  to  establish  the  grounds  of  the  applica- 
tion, or  probable  cause  for  believing  that  they  exist. 

1528.  When  to  issue  warrant.    If  the  magistrate  is  thereupon 
satisfied  of  the  existence  of  the  grounds  of  the  application,  or 
that  there  is  probable  cause  to  believe  their  existence,  he  must 
issue  a  search-warrant,  signed  by  him  with  his  name  of  office, 
to  a  peace  officer  in  his  county,  commanding  him  forthwith  to 


RECORDERS'  COURTS — PENAL  CODE  PROVISIONS  129 

search  the  person  or  place  named,  for  the  property  specified,  and 
to  bring  it  before  the  magistrate. 

1529.    Form  of  search  warrant.      The  warrant  must  be  sub- 
stantially in  the  following  form: 

SEARCH  WARRANT. 
County  of 

The  people  of  the  State  of  California  to  any  sheriff,  con- 
stable, marshal,  or  policeman  in  the  county  of 

Proof,  by  affidavit,  having  been  this  day  made  before  me 
by  (naming  every  person  whose  affidavit  has  been  taken), 
that  (stating  the  grounds  of  the  application,  according  to 
section  one  thousand  five  hundred  and  twenty-five,  or  if  the 
affidavit  be  not  positive,  that  there  is  probable  cause  for 
believing  that  (stating  the  ground  of  the  application  in  the 
same  manner),  you  are  therefore  commanded,  in  the  daytime 
(or  at  any  time  of  the  day  or  night,  as  the  case  may  be, 
according  to  section  one  thousand  five  hundred  and  thirty- 
three),  to  make  immediate  search  on  the  person  of  C.  D. 

(or  in  the  house  situated ,  describing  it  or  any 

other  place  to  be  searched,  with  reasonable  particularity, 
as  the  case  may  be)  for  the  following  property:  (describing 
it  with  reasonable  particularity),  and  if  you  find  the  same 
or  any  part  thereof,  to  bring  it  forth  before  me  at  (stating 
the  place.) 

Given    under    my    hand,    and    dated    this day 

,  A.  D.  nineteen 


1530.  By  whom  served.     A  search-warrant  may  in  all  cases  be 
served  by  any  of  the  officers  mentioned  in  its  directions,  but  by 
no  other  person,  except  in  aid  of  the  officer  on  his  requiring  it, 
he  being  present  and  acting  in  its  execution. 

1531.  Officer  may  break  open  door,  etc.,  to  execute  warrant. 
The  officer  may  break  open  any  outer  or  inner  door  or  window  of 
a  house,  or  any  part  of  a  house,  or  anything  therein,  to  execute 
the  warrant,  if,  after  notice  of  his  authority  and  purpose,  he  is 
refused  admittance. 

1532.  May  break  open  door,  etc.,  to  liberate  persons  acting  in  his 
aid.     He  may  break  open  any  outer  or  inner  door  or  window  of  a 
house,  for  the  purpose  of  liberating  a  person  who,  having  entered 
to  aid  him  in  the  execution  of  the  warrant,  is  detained  therein, 
or  when  necessary  for  his  own  liberation. 


130          RECORDERS'  COURTS— PENAL  CODE  PROVISIONS 

1533.  When  warrant  may  be  served  in  the  night.    The  magis- 
trate must  insert  a  direction  in  the  warrant  that  it  be  served  in 
the  daytime,  unless  the  affidavits  are  positive  that  the  property 
is  on  the  person  or  in  the  place  to  be  searched,  in  which  case  he 
may  insert  a  direction  that  it  be  served  at  any  time  of  the  day 
or  night. 

1534.  Within  what  time  warrant  must  be  executed.    A  search- 
warrant  must  be  executed  and  returned  to  the  magistrate  who 
issued  it  within  ten  days  after  its  date;  after  the  expiration  of 
this  time  the  warrant,  unless  executed,  is  void. 

1535.  Officer  to  give  receipt  for  property  taken.    When  the  officer 
takes  property  under  the  warrant,  he  must  give  a  receipt  for  the 
property  taken  (specifying  it  in  detail)  to  the  person  from  whom 
it  was  taken  by  him,  or  in  whose  possession  it  was  found;  or,  in 
the  absence  of  any  person,  he  must  leave  it  In  the  place  where 
he  found  the  property. 

1536.  Property,  how  disposed  of.    When  the  property  is  de- 
livered to  the  magistrate,  he  must,  if  it  was  stolen  or  embezzled, 
or  if  it  was  taken  on  a  warrant  issued  on  the  grounds  stated  in 
the  fourth  subdivision  of  section  fifteen  hundred  and  twenty-four 
of  this  code,  dispose  of  it  as  provided  in  sections  fourteen  hundred 
and  eight  »and  fourteen  hundred  and  thirteen,   inclusive.     If  it 
was  taken  on  a  warrant  issued  on  the  grounds  stated  in  the  second 
and  third  subdivision  of  section  fifteen  hundred  and  twenty-four, 
he  must  retain  it  in  his  possession,  subject  to  the  order  of  the 
court  to  which  he  is  required  to  return  the  proceedings  before 
him,  or  of  any  other  court  in  which  the  offense  in  respect  to  which 
the  property  taken  is  triable. 

1537.  Return  of  warrant  and  inventory  of  property  taken.    The 
officer  must  forthwith  return  the  warrant  to  the  magistrate,  and 
deliver  to  him  a  written  inventory  of  the  property  taken,  made 
publicly  or  in  the  presence  of  the  person  from  whose  possession 
it  was  taken,  and  of  the  applicant  for  the  warrant,  if  they  are 
present,  verified  by  the  affidavit  of  the  officer  at  the  foot  of  the 
inventory,  and  taken  before  the  magistrate  at  the  time,  to  the 
following  effect:     "I,  R.  S.,  the  officer  by  whom  this  warrant 
was  executed,  do  swear  that  the  above  inventory  contains  a  true 
and  detailed  account  of  all   the  property  taken  by  me  on  the 
warrant." 

1538.  Copy  of  inventory,  to  whom  delivered.    The  magistrate 
must  thereupon,  if  required,  deliver  a  copy  of  the  inventory  to 
the  person  from  whose  possession  the  property  was  taken,  and 
to  the  applicant  for  the  warrant. 

1539.  Proceedings,  if  grounds  of  warrant  are  controverted.     If 
the  grounds  on  which  the  warrant  was  issued  be  controverted,  he 


RECORDERS'  COURTS — PENAL  CODE  PROVISIONS  131 

must  proceed  to  take  testimony  in  relation  thereto,  and  the 
testimony  of  each  witness  must  be  reduced  to  writing  and  au- 
thenticated in  the  manner  prescribed  in  section  eight  hundred 
and  sixty-nine. 

1540.  Property,  when  to  be  restored.    If  it  appears  that  the 
property  taken  is  not  the  same  as  that  described  in  the  warrant, 
or  that  there  is  no  probable  cause  for  believing  the  existence  of 
the  grounds  on  which  the  warrant  was  issued,  the  magistrate 
must  cause  it  to  be  restored  to  the  person  from  whom  it  was  taken. 

1541.  Depositions,  warrants,  etc.,  to  be  returned  to  court.    The 
magistrate  must  annex  the  depositions,  the  search-warrant  and 
return,  and  the  inventory,  and  if  he  has  not  power  to  inquire  into 
the  offense  in  respect  to  which  the  warrant  was  issued,  he  must 
at  once  file  it  and  such  depositions  and  return  with  the  clerk  of 
the  court  having  power  to  so  inquire. 

1542.  Search  of  defendant  in  presence  of  magistrate.    When  a 
person  charged  with  a  felony  is  supposed  by  the  magistrate  before 
whom  he  is  brought  to  have  on  his  person  a  dangerous  weapon,  or 
anything  which  may  be  used  as  evidence  of  the  commission  of 
the  offense,  the  magistrate  may  direct  him  to  be  searched  in  his 
presence,  and  the  weapon  or  other  thing  to  be  retained,  subject 
to  his  order,  or  to  the  order  of  the  court  in  which  the  defendant 
may  be  tried. 


CIVIL  ACTIONS  IN  RECORDER'S   COURT. 

929,  C.  C.  P.    How  commenced.    Civil  actions  in  police  courts 
are  commenced  by  filing  a  complaint,  setting  forth  the  violation 
of  the  ordinance  complained  of,  with  such  particulars  of  time, 
place,  and  manner  of  violation  as  to  enable  the  defendant  to 
understand  distinctly  the  character  of  the  violation  complained 
of,  and  to  answer  the  complaint.     The  ordinance  must  be  referred 
to  by  its  title.    The  complaint  must  be  verified  by  the  oath  of 
the  party  complaining,  or  of  his  attorney  or  agent.     (En.  March 
11,  1872.) 

930,  C.  C.  P.     Summons  must  issue  on  filing  complaint.    Imme- 
diately after  filing  the  complaint,  a  summons  must  be  issued, 
directed  to  the   defendant,   and  returnable  either  immediately 
or  at  any  time  designated  therein,  not  exceeding  four  days  from 
the  date  of  its  issuing.     (En.  March  11,  1872.)  ^ 

931,  C.  C.  P.    Defendant  may  plead  orally  or  in  writing.    On  the 
return  of  the  summons  the  defendant  may  answer  the  complaint. 
The  answer  may  be  oral  or  in  writing,  and  immediately  thereafter 
the  case  must  be  tried,  unless,  for  good  cause  shown,  an  adjourn- 
ment is  granted.     (En.  March  11,  1872.) 

932,  C.  C.  P.    Trial  by  jury,  when  defendant  is  entitled  to.    In 
all  actions  for  violation  of  an  ordinance,  where  the  fine,  forfeiture, 
or  penalty  imposed  by  the  ordinance  is  less  than  fifty  dollars, 
the  trial  must  be  by  the  court.     In  actions  where  the  fine,  for- 
feiture, or  penalty  imposed  by  the  ordinance  is  over  fifty  dollars, 
the  defendant  is  entitled  to  a  trial  by  jury. 

933,  C.  C.  P.    Proceedings  to  be  conducted  as  in  justices'  courts. 
All  proceedings  in  civil  actions  in  police  courts  must,  except  as 
in  this  title  otherwise  provided,  be  conducted  in  the  same  manner 
as  civil  actions  in  justices'  courts. 

Civil  proceedings  in  justices'   courts;    Sees.  832-926,   Code  of 
Civil  Procedure. 

SEC.  1058,  C.  C.  P.  People  of  state  not  required  to  give  bonds 
when  state  is  a  party.  In  any  civil  action  or  proceeding  wherein 
the  state,  or  the  people  of  the  state,  is  a  party  plaintiff,  or  any 
state  officer,  in  his  official  capacity,  or  in  behalf  of  the  state,  or 
any  county,  city  and  county,  city,  or  town,  is  a  party  plaintiff 
or  defendant,  no  bond,  written  undertaking,  or  security  can  be 
required  of  the  state,  or  the  people  thereof,  or  any  officer  thereof, 
or  of  any  county,  city  and  county,  city,  or  town;  but  on  complying 
with  the  other  provisions  of  this  code,  the  state,  or  the  people 
thereof,  or  any  state  officer  acting  in  his  official  capacity,  have 
the  same  rights,  remedies,  and  benefits  as  if  the  bond,  undertaking, 
or  security  were  given  and  approved  as  required  by  this  code. 


RECORDERS'  COURTS  133 

SEC.  529,  C.  C.  P.  Security  upon  injunction.  On  granting  an 
injunction,  the  court  or  judge  must  require,  except  when  it  is 
granted  on  the  application  of  the  people  of  the  state,  a  county, 
or  a  municipal  corporation,  or  a  wife  against  her  husband,  a 
written  undertaking  on  the  part  of  the  applicant,  with  sufficient 
sureties,  to  the  effect  that  he  will  pay  to  the  party  enjoined  such 
damages,  not  exceeding  an  amount  to  be  specified,  as  such  party 
may  sustain  by  reason  of  the  injunction,  if  the  court  finally 
decides  that  the  applicant  was  not  entitled  thereto.  Within 
five  days  after  the  service  of  the  injunction,  the  person  enjoined 
may  except  to  the  sufficiency  of  the  sureties,  and  unless  within 
five  days  thereafter,  upon  notice  of  not  less  than  two  days  to  the 
person  enjoined,  such  securities,  or  others  in  their  place,  justify 
before  a  judge  of  the  court  or  county  clerk  at  a  time  and  place 
designated  in  such  notice,  the  order  granting  the  injunction  must 
be  dissolved. 

SEC.  3479,  C.  C.  Nuisance,  what.  Anything  which  is  injurious 
to  health,  or  is  indecent  or  offensive  to  the  senses,  or  an  obstruc- 
tion to  the  free  use  of  property,  so  as  to  interfere  with  the  com- 
fortable enjoyment  of  life  or  property,  or  unlawfully  obstructs 
the  free  passage  or  use,  in  the  customary  manner,  or  any  navigable 
lake,  or  river,  bay,  stream,  canal,  or  basin,  or  any  public  park, 
square,  street,  or  highway  is  a  nuisance. 

SEC.  3480,  C.  C.  Public  nuisance.  A  public  nuisance  is  one 
which  affects  at  the  same  time  an  entire  community  or  neigh- 
borhood, or  any  considerable  number  of  persons,  although  the 
extent  of  the  annoyance  or  damage  inflicted  upon  individuals  may 
be  unequal. 

SEC.  3490,  C.  C.  Lapse  of  time  does  not  legalize.  No  lapse  of 
time  can  legalize  a  public  nuisance,  amounting  to  an  actual  ob- 
struction of  public  right. 

SEC.  3491,  C.  C.  Remedies  against  public  nuisance.  The  reme- 
dies against  a  public  nuisance  are: 

1.  Indictment  or  information; 

2.  A  civil  action;  or, 

3.  Abatement. 

SEC.  3492.  C.  C.  Rernedy  regulated,  how.  The  remedy  by 
indictment  or  information  is  regulated  by  the  Penal  Code. 

SEC.  3493,  C.  C.  Remedies  for  public  nuisance.  A  private  per- 
son may  maintain  an  action  for  a  public  nuisance,  if  it  is  specially 
injurious  to  himself,  but  not  otherwise. 

SEC.  3494,  C.  C.  How  abated.  A  public  nuisance  may  be 
abated  by  any  public  body  or  officer  authorized  thereto  by  law. 

SEC.  3495,  C.  C.  Same.  Any  person  may  abate  a  public  nui- 
sance which  is  specially  injurious  to  him  by  removing,  or,  if  neces- 


134  RECORDERS'  COURTS 

sary,  destroying  the  thing  which  constitutes  the  same,  without 
committing  a  breach  of  the  peace,  or  doing  unnecessary  injury. 

SEC.  831,  C.  C.  Boundaries  by  ways.  An  owner  of  land  bounded 
by  a  road  or  street  is  presumed  to  own  to  the  center  of  the  way, 
but  the  contrary  may  be  shown. 

SEC.  1112,  C.  C.  Boundary  by  highway,  what  passes.  A  transfer 
of  land,  bounded  by  a  highway,  passes  the  title  of  the  person 
whose  estate  is  transferred  to  the  soil  of  the  highway  in  front 
to  the  center  thereof,  unless  a  different  intent  appears  from  the 
grant. 

SEC.  470,  C.  C.  Not  to  use  streets,  alleys,  or  water  in  cities  or 
towns,  except  by  a  two-thirds  vote  of  the  city  or  town  authorities. 
No  railroad  corporation  must  use  any  street,  alley,  or  highway, 
or  any  of  the  land  or  water,  within  any  incorporated  city  or  town, 
unless  the  right  to  so  use  the  same  is  granted  by  a  two-thirds 
vote  of  the  town  or  city  authority  from  which  the  right  must 
emanate. 

FORMS  COMMONLY   USED   IN  THE   RECORDER'S   COURT. 

COMPLAINT 
IN  THE  RECORDER'S  COURT 

OF  THE 

CITY  OF  SAN  BRUNO,  COUNTY  OF  SAN  MATEO, 
STATE  OF  CALIFORNIA. 

The  People  of  the  State  of  California, 

Plaintiff, 
vs. 
John  Doe, 

Defendant. 

Personally  appeared  before  me,  this  22nd  day  of  December,  1915, 
James  O'Hara  of  the  City  of  San  Bruno,  in  the  County  of  San 
Mateo,  State  of  California,  who,  first  being  sworn,  complains  and 
says:  That  the  said  John  Doe  of  the  City  of  San  Mateo,  said 
county,  on  the  14th  day  of  December,  1915,  and  before  the  filing 
of  this  Complaint,  at  the  said  City  of  San  Bruno,  in  the  said 
County  of  San  Mateo,  State  of  California,  committed  the  crime 
of  misdemeanor  by  wilfully  and  unlawfully  engaging  in  the  busi- 
ness of  selling  spirituous,  malt  and  fermented  liquors  and  wines, 
within  the  limits  of  said  City  of  San  Bruno,  without  having  first 
procured  a  permit  and  paying  the  license  fee  therefor  as  required 
by  the  provisions  of  Ordinance  No.  Three  (3)  of  said  City  of  San 
Bruno  adopted  by  the  Board  of  Trustees  of  said  city  on  the  20th 
day  of  January,  1915. 


RECORDERS'  COURTS  135 

All  of  which  is  contrary  to  the  statute  in  such  cases  made  and 
provided,  and  against  the  peace  and  dignity  of  the  people  of  the 
State  of  California. 

Said  Complainant  therefore  prays  that  a  Warrant  may  be  issued 
for  the  arrest  of  the  said  John  Doe  and  that  he  may  be  dealt  with 
according  to  law. 
Subscribed  and  sworn  to  before  mel 

this  22nd  day  of  December,  1915.  J 

J.  M.  CUSTER, 
Judge  of  the  Recorder's  Court  of  said  city. 


WARRANT. 
IN  THE  RECORDER'S  COURT 

OF  THE 
CITY  OF  SAN  BRUNO,  COUNTY  OF  SAN  MATEO, 

STATE  OF  CALIFORNIA. 
The  People  of  the  State  of  California, 

Plaintiff, 
vs. 
John  Doe, 

Defendant. 

THE  PEOPLE  OF  THE  STATE  OF  CALIFORNIA, 

To  any  Sheriff,  Constable,  Marshal  or  Policeman  in  this  State: 
Complaint  upon  oath  having  been  this  day  made  before  me, 
J.  M.  Custer,  Judge  of  the  Recorder's  Court  of  said  city  by  James 
O'Hara,  Marshal  of  said  city  that  the  offense  of  selling  intoxi- 
cating liquors  without  first  having  procured  a  license  so  to  do  as 
required  by  the  provisions  of  Ordinance  Number  Three  of  said 
city,  has  been  committed,  and  accusing  John  Doe  thereof: 

You  ARE  THEREFORE  COMMANDED  forthwith  to  arrest  the  above 
named  John  Doe  and  bring  him  before  me  forthwith,  at  my  office 
in  the  City  of  San  Bruno,  in  said  County  of  San  Mateo,  to  be 
dealt  with  according  to  law. 

WITNESS  my  hand  this  14th  day  of  December,  1915, 
and  I  direct  that  this  Warrant  may  be  served  at 
any  hour  of  the  night. 

J.  M.  CUSTER. 

Judge  of  the  Recorder's  Court  of  said  city. 

I  HEREBY  CERTIFY  that  I  received  the  above  warrant  on  the 
14th  day  of  December,  1915,  and  served  the  said  warrant  by 
arresting  the  within-named  Defendant,  John  Doe,  and  bringing 
him  into  Court  this  14th  day  of  December,  1915. 

JAMES  O'HARA, 
Marshal  of  the  City  of  San  Bruno. 


136  RECORDERS'  COURTS 

BAIL  BOND. 
IN  THE  RECORDER'S  COURT 

OF  THE 

CITY  OF  SAN  BRUNO,  COUNTY  OF  SAN  MATEO, 
STATE  OF  CALIFORNIA. 

The  People  of  the  State  of  California, 

Plaintiff, 
vs. 
John  Doe, 

Defendant. 

An  order  having  been  made  on  the day  of , 

1915,  by ,  Judge  of  the.  Recorder's  Court 

of  said  city,  that be  held  to  answer  and  appear 

for  trial  before  the  said  recorder,  at  his  office,  on  the 

day  of ,  1915,  to  which  time  the  hearing  on  this  case 

has  been  adjourned,  upon  the  charge  of  carrying  a  concealed 
weapon,  upon  which  he  has  been  admitted  to  bail  in  the  sum  of 
$200.00,  which  charge  is  pending  in  that  court  against  him  in 
behalf  of  the  people  of  the  State  of  California: 

Now,  we,  R.  J.,  a  resident  of  Redwood  City,  by  occupation  a 
farmer,  and  T.  S.,  a  resident  of  San  Mateo  and  by  occupation  a 
merchant,  hereby  undertake  that  the  above  named  John  Doe  will 
appear  and  answer  the  charge  above-named,  in  whatever  court  it 
may  be  prosecuted;  and  will 'at  all  times  hold  himself  amenable 
to  the  orders  and  processes  of  the  court,  and  if  convicted,  will 
appear  for  judgment,  and  render  himself  in  execution  thereof; 
or,  if  he  fail  to  perform  either  of  these  conditions  that  we  will 
pay  the  people  of  the  State  of  California,  the  sum  of  Two  Hundred 
($200.00)  Dollars. 


State  of  California,    1 
County  of  San  Mateo,  J     ' 

R.  J.  and  T.  S.  sureties,  above  named  in  the  above  bond,  being 
duly  sworn  each  for  himself  says:  That  he  is  a  householder  and 
resident  within  said  state,  and  is  worth  the  said  sum  of  Two  Hun- 
dred ($200.00)  Dollars  over  and  above  all  his  debts  and  liabilities 
exclusive  of  property  exempt  from  execution. 


Subscribed  and  sworn  to  before  mel 
this day  of ,1915] 

Judge  of  the  Recorder's  Court,  City  of  San  Bruno. 


RECORDERS'  COURTS  137 

SUBPOENA. 

IN  THE  RECORDER'S  COURT 

OF  THE 
CITY  OF  SAN  BRUNO,  COUNTY  OF  SAN  MATEO, 

STATE  OF  CALIFORNIA. 
The  People  of  the  State  of  California,) 

Plaintiff, 

vs.  |- 

John  Doe, 

Defendant.     J 
THE  PEOPLE  OF  THE  STATE  OF  CALIFORNIA 

To  S.  H.  AND  A.  J.: 

You  are  commanded  to  appear  before  W.  A.  H.,  Judge  of  the 
Recorder's  Court  at  the  City  of  San  Bruno,  in  the  County  of 
San  Mateo,  at  the  office  of  said  recorder,  in  said  city,  on  the 

.day  of. . . . .,  1915,  at  10  o'clock  A.  M.  as  a 

witness  in  the  criminal  action,  prosecuted  by  the  People  of  the 
State  of  California,  against  J.  S.  on  the  part  of  the  people. 

WITNESS  my  hand  this day  of , 

1915. 


Judge  of  the  Recorder's  Court  of  said  city. 
INDORSEMENT  OF  SERVICE. 

I  hereby  certify  that  I  have  served  the  within  subpoena  by 
showing  the  within  original  to  the  within  named  S.  H.  and  A.-  J., 
personally,  and  informing  each  one  of  them  of  the  contents  thereof, 

on  or  prior  to  the day  of ,   1915,  in  the 

County  of  San  Mateo. 


Marshal  of  the  City  of  San  Bruno. 


JUROR— SUMMONS. 
IN  THE  RECORDER'S  COURT 

OF  THE 
CITY  OF  SAN  BRUNO,  COUNTY  OF  SAN  MATEO, 

STATE  OF  CALIFORNIA. 
The  People  of  the  State  of  California, 

Plaintiff, 
vs. 
John  Doe, 

Defendant. 
MR.  G.  W.  W.: 

You  are  hereby  notified  and  required  to  attend  before  C.  K., 
Judge  of  the  Recorder's  Cuort  of  the  City  of  San  Bruno,  on  the 


138  RECORDKRS'  COURTS 

day  of ,  19 ,  at  9  o'clock  A.  M.  at  the 

courtroom  of  said  recorder,  in  said  city,  in  the  County  of  San 
Mateo,  then  and  there  to  serve  as  a  juror. 

By  order  of  C.  K.,  Judge  of  the  Recorder's  Court. 

Herein  fail  not,  under  the  penalty  of  the  law. 


Marshal  of  the  City  of  San  Bruno 


JUROR  DEFAULTING— CONTEMPT. 

IN  THE  RECORDER'S  COURT 

OF  THE 
•    CITY  OF  SAN  BRUNO,  COUNTY  OF  SAN  MATEO, 

STATE  OF  CALIFORNIA. 
The  People  of  the  State  of  California, 

Plaintiff, 
vs. 
John  Doe, 

Defendant. 

THE  PEOPLE  OF  THE  STATE  OF  CALIFORNIA,  TO  H.  J.,  GREETING  : 
You  are  hereby  commanded  to  be  and  appear  before  the  Re- 
corder's Court  of  the  City  of  San  Bruno,  State  of  California,  at 
the   courtroom   of   said   court,    in   said   city,    on   Monday,    the 

day  of ,   1915,  at  10  o'clock  A.  M.  and 

then  and  there  show  cause  why  you  should  not  be  punished  for 
contempt  for  failing  to  attend  the  said  court  as  a  juror. 


Judge  of  the  Recorder's  Court 
of  the  City  of  San  Bruno. 


JUDGMENT— FINE  AND   IMPRISONMENT. 
IN  THE  RECORDER'S  COURT 

OF  THE 

CITY  OF  SAN  BRUNO,  COUNTY  OF  SAN  MATEO, 
STATE  OF  CALIFORNIA. 

The  People  of  the  State  of  California, 

Plaintiff, 
vs. 
John  Doe, 

Defendant. 

A  complaint,  under  oath,  having  been  filed  in  this  court  on  the 

day  of ,    1915,   charging  said  defendant, 

R.  R.,  of  certain  public  offenses,  to-wit:    battery  upon  the  person 

of ,   a  misdemeanor,    committed  on  the 

day  of ,  1915,  and  a  warrant  of  arrest 


RECORDERS'  COURTS  139 

having  been  duly  issued  on  said day  of , 

1915,  for  the  arrest  of  said  defendant,  and  said  defendant  R.  R., 
having  been  duly  arrested,  and  thereafter  on  the  17th  day  of 

. . . '. ,  1915,  tried  before  this  court  without  a  jury,  a  jury 

having  been  waived,  as  provided  by  law  in  such  cases,  and  by 
the  court  found  guilty,  as  charged  in  said  complaint,  and  all  and 
singular  the  law  and  the  premises  being  by  the  court  here  under- 
stood and  fully  considered, 

WHEREFORE,  it  is  by  the  court  here  ordered  and  adjudged  that 
for  said  offense  you,  the  said  R.  R.,  do  pay  a  fine  in  the  sum  of 
Fifty  ($50.00)  Dollars  and  be  imprisoned  m  the  county  jail  in  said 
County,  until  the  said  fine  be  paid  not  exceed- 
ing twenty-five  days. 

Done  in  open  court  this day  of ,  1915. 


Judge  of  the  Recorder's  Court 
of  the  City  of  San  Bruno. 


CERTIFICATE. 

Office  of  the  Recorder's  Court, 
City  of  San  Bruno, 
County  of  San  Mateo. 

I,  G.  W.  F.,  Recorder  of  the  City  of  San  Bruno,  do  hereby 
certify  the  foregoing  to  be  a  full,  true,  and  correct  copy  of  the 
judgment  duly  made  and  entered  on  the  minutes  of  said  Recorder's 

Court  in  the  above  entitled  action,   on  the day  of 

,  1915. 

Attest  my  hand,  at  the  City  of  San  Bruno,  in  the  County  of 
San  Mateo,  this day  of ,  1915. 


Judge  of  the  Recorder's  Court 
of  City  of  San  Bruno. 


DOCKET— RECORDER'S   COURT. 

State  of  California,        \ 
County  of  San  Mateo.   / 

IN  THE  RECORDER'S  COURT  OP  THE  CITY  OF  SAN  BRUNO. 
The  People  of  the  State  of  California, 

Plaintiff, 
vs. 
John  Doe, 

Defendant. 

Dec.  14,  1915. — Complaint  in  writing  filed  by  James  O'Hara 
Marshal  of  said  city,   charging  the  defendant  John  Doe,  with 


140  RECORDERS'  COURTS 

having  committed  the  offense  of  selling  intoxicating  liquors 
without  a  license  and  a  warrant  issued  dated  this  day. 

Dec.  14,  1915. — Warrant  returned  and  defendant  brought  into 
court,  pleaded  not  guilty,  whereupon  after  hearing  the  complaint 
read  before  him  "the  defendant  pleads  he  is  not  guilty  of  the 
offense  charged."  Admitted  to  bail  in  the  sum  of  One  Hundred 

($100.00)  Dollars  furnished  by and 

Whereupon,  Tuesday,  Decem- 
ber  ,  1915,  at  the  hour  of  ten  o'clock  A.  M.  was 

fixed  for  the  trial  hereof,  and  defendant  was  by  me  then  and  there 
notified  of  the  time  fixed  for  said  trial. 

Dec.  15,  1915. — At  10  o'clock  A.  M.,  both  parties  appeared,  and 
on  motion  of  defendant  the  trial  was  postponed  until  the  21st 
day  of  December,  1915,  at  2  o'cock  P.  M.  "  '  „ 

Dec.  21,  1915. — Both  parties  appeared  and  announced  them- 
selves ready  for  trial,  and  the  defendant  demanded  a  trial  by 
jury.  Whereupon  I  issued  an  order  for  a  jury  of  twelve  men  to 
be  summoned  as  by  law  directed,  returnable  tomorrow  at  10 
o'clock  A.  M.  that  being  the  time  fixed  for  trial. 

Dec.  22,  1915. — At  10  o'clock  A.  M.  the  following  named  jurors 
appeared  and  answered  as  their  names  were  called  (here  insert 
names).  The  following  named  jurors  were  challenged  by  defend- 
ant for  cause  and  the  challenges  allowed  and  the  said  jurors 
excused  (insert  names);  and  the  following  named  jurors  were 
challenged  by  plaintiff  and  the  challenges  allowed  and  the  jurors 
excused  (insert  names).  Whereupon  an  order  was  made  as  by 
law  required  returnable  forthwith  for  the  summoning  of  six  jurors 
to  complete  the  panel  and  the  following  named  jurors  were  sum- 
moned and  appeared  in  compliance  with  said  order.  Jury  having 
been  completed,  the  following  named  jurors  were  sworn  to  try 
the  issue  involved  herein,  viz.:  (Insert  names.) 

The  following  named  witnesses  were  sworn  and  examined  on 
the  part  of  the  plaintiff,  viz.:  (Insert  names)  and  the  following 
were  sworn  and  examined  on  the  part  of  the  defendant  (insert 
names).  After  argument  by  both  parties  the  jury  were  instructed 
as  to  law  and  retired  to  deliberate;  returned  into  court  and 
rendered  a  verdict  finding  the  defendant  guilty  as  charged.  The 
jury  were  then  discharged,  and  the  court  appointed  December  23, 
1915,  at  10  o'clock  A.  M.  as  the  time  for  rendering  judgment. 

Dec.  23,  1915. — Judgment  rendered  for  the  court  that  defendant 
be  fined  the  sum  of  Fifty  ($50.00)  Dollars  or  imprisoned  in  the 
city  jail  for  a  period  of  twenty-five  days,  unless  the  fine  is  sooner 
paid.  Fine  paid  and  judgment  satisfied. 


MODEL  SPECIFICATIONS  141 

MODEL  SPECIFICATIONS  FOR 
STREET  IMPROVEMENTS. 

For  the  Use  of  Engineers,  Councilmen  and  Street 
Superintendents . 

GENERAL  REQUIREMENTS. 

MATERIALS  AND  SAMPLES:  All  materials  must  be  of  specified 
quality  and  fully  equal  to  samples  when  samples  are  required. 
The  contractor  shall  furnish  to  the  city  engineer  for  test,  whenevei 
called  for  and  free  of  charge,  samples  of  all  the  materials  proposed 
to  be  used  in  the  work.  Rejected  material  must  be  immediately 
removed  from  the  work  by  the  contractor. 

LABOR:  Any  overseer,  superintendent,  laborer,  or  other  person 
employed  on  the  work  by  the  contractor,  who  shall  perform  his 
work  in  a  manner  contrary  to  these  specifications  shall  be  dis- 
charged immediately,  and  such  person  shall  not  again  be  employed 
on  the  work. 

EXAMINATION  OF  GROUND:  Bidders  must  examine  and  judge 
for  themselves  as  to  the  location  of  the  proposed  work,  the  nature 
of  the  excavation  to  be  made  and  the  work  to  be  done. 

SETTING  STAKES:  The  contractor  shall  give  twenty-four  (24) 
hours'  notice  in  writing  when  he  will  require  the  service  of  the 
city  engineer  for  laying  out  any  portion  of  the  work. 

He  shall  dig  all  stake  holes  necessary  to  give  lines  and  levels. 
The  contractor  shall  preserve  all  stakes  set  for  the  lines,  levels 
or  measurements  of  the  work  in  their  proper  places  until  author- 
ized to  remove  them  by  the  city  engineer,  and  any  expense  in- 
curred in  replacing  said  stakes  which  the  contractor  or  his  sub- 
ordinates may  have  failed  to  preserve  shall  be  borne  by  the 
contractor. 

PLANS  AND  SPECIFICATIONS:  The  contractor  shall  keep  upon 
the  work  a  copy  of  the  plans  and  specifications,  and  access  thereto 
shall  at  all  times  be  accorded  the  engineer. 

INSPECTORS:  The  contractor  shall  prosecute  work  only  in  the 
presence  of  an  engineer  or  an  inspector  appointed  by  the  board 
of  public  works,  and  any  work  done  in  the  absence  of  said  engineer 
or  inspector  will  be  subject  to  rejection.  The  contractor  shall 
furnish  the  engineers  and  inspectors  reasonable  facilities  for 
obtaining  such  information  as  may  be  necessary  to  give  them 
full  information  at  all  times  respecting  the  progress  and  manner 
of  the  work  and  the  character  of  the  materials. 

PRESERVATION  OF  MONUMENTS:  The  contractor  shall  not  dis- 
turb any  monuments  or  stakes  found  on  the  line  of  the  improve- 


142  MODEL  SPECIFICATIONS 

ments  until  ordered  by  the  city  engineer,  and  he  shall  bear  the 
expense  of  resetting  any  monuments  or  stakes  which  may  be  dis- 
turbed without  orders. 

OBSERVING  CITY  ORDINANCES:  The  contractor  shall  observe 
all  the  ordinances  of  the  city  in  relation  to  the  obstruction  of 
streets,  keeping  open  passageways,  and  protecting  the  same  where 
they  are  exposed  or  dangerous  to  travel. 

BARRIERS,  LIGHTS,  ETC.:  The  contractor  shall  take  all  neces- 
sary measures  to  protect  the  work  and  prevent  accidents  during 
construction.  He  shall  provide  and  maintain  all  necessary  bar- 
riers, guards,  temporary  bridges,  watchmen  and  lights. 

CROSS  STREETS:  No  more  than  one  (1)  cross  street  shall  be 
closed  at  any  one  time. 

PUBLIC  UTILITIES:  In  case  it  should  be  necessary  to  move  the 
property  of  any  owner  of  a  public  utility  or  franchise,  such  owner 
will,  upon  proper  application  by  the  contractor,  be  notified  by 
the  engineer  to  move  such  property  within  a  specified  reasonable 
time,  and  the  contractor  shall  not  interfere  with  said  property 
until  after  the  expiration  of  the  time  specified. 

The  right  is  reserved  to  the  owners  of  public  utilities  and  fran- 
chises, to  enter  upon  the  street  for  the  purpose  of  making  repairs 
or  changes  of  their  property  that  may  be  made  necessary  by  the 
work.  The  city  shall  also  have  the  privilege  of  entering  upon 
the  street  for  the  purpose  of  repairing  sewers,  and  water  pipes, 
or  making  house  connections  therewith,  or  repairing  culverts  or 
storm  drains. 

Loss  OR  DAMAGE:  All  loss  or  damage  arising  from  any  unfore- 
seen obstruction  or  difficulties  either  natural  or  artificial  which 
may  be  encountered  in  the  prosecution  of  the  work,  or  from  any 
action  of  the  elements  prior  to  final  acceptance  of  the  work,  or 
from  any  act  or  omission  not  authorized  by  these  specifications 
on  the  part  of  the  contractor  or  any  agent  or  person  employed 
by  him  shall  be  sustained  by  the  contractor. 

DEFECTIVE  WORK:  No  work  which  may  be  defective  in  its 
construction,  or  deficient  in  any  of  the  requirements  of  these 
specifications,  will  be  considered  as  accepted  in  consequence  of 
the  failure  of  any  officer  of  the  city  or  inspector  connected  with 
the  work  to  point  out  said  defects  or  deficiency  during  construc- 
tion, and  the  contractor  shall  correct  any  imperfect  work  when- 
ever discovered,  before  the  final  acceptance  of  the  work. 

PROTECTION  OF  WORK  AND  CLEANING  UP:  The  contractor  shall 
care  for  all  work  until  final  completion  and  acceptance.  He  shall 
remove  all  surplus  material  and  rubbish  from  the  work  after  its 
completion  and  before  he  makes  application  for  the  acceptance 
of  the  work. 


MODEL  SPECIFICATIONS  143 

FINAL  INSPECTION:  The  contractor  shall  notify  the  engineer 
when  he  desires  a  final  inspection  of  the  work,  when  the  latter 
will,  as  soon  as  possible  make  the  necessary  examination,  and  if 
the  work  is  found  in  compliance  with  these  specifications,  the 
engineer  will  furnish  the  contractor  with  a  certificate  to  that 
effect. 

ALLOWABLE  VARIATION:  When  in  the  specifications  a  maxi- 
mum or  minimum,  cither  in  size,  percentage  or  thickness,  or 
relating  to  quality  or  character  or  other  matter,  is  allowed  or 
prescribed,  the  work  shall  be  accepted  as  in  compliance  there- 
with if  within  such  maximum  or  minimum  so  allowed  hereby. 

All  rejected  and  refuse  materials  shall  be  removed  immediately 
from  the  work,  and  all  surplus  materials  shall  be  removed  from 
the  street  within  five  (5)  days  after  the  construction  of  the  street 
is  complete. 

No  material,  or  other  obstruction,  shall  be  placed  within  five 
(5)  feet  of  fire  hydrants,  which  must  be  at  all  times  readily  acces- 
sible to  the  fire  department. 

The  contractor  shall  be  constantly  on  the  work  during  its 
progress,  or  shall  be  represented  by  a  foreman  who  is  competent 
to  receive  and  carry  out  any  instructions  that  may  be  given  him 
by  the  proper  authorities,  and  said  contractor  will  be  held  liable 
for  the  faithful  observance  of  any  instructions  which  may  be 
delivered  to  him  or  his  representatives  on  the  work. 

GRADING. 

Grading  shall  include  all  filling,  the  removal  of  all  earth,  stone, 
or  all  other  material,  of  whatever  nature  it  may  be,  that  may  be 
encountered  in  the  preparing  the  street,  and  shall  also  include  all 
trimming  and  shaping  required  to  bring  the  surface  of  the  street 
to  grade  and  cross-section. 

When  mud  or  other  soft  material  is  encountered,  it  shall  be 
taken  out  and  the  space  filled  with  good  earth  or  gravel,  which 
shall  be  rolled  until  the  surface  of  the  foundation  ceases  to  sink 
under  or  creep  in  front  of  the  roller.  The  contractor,  however, 
will  not  be  required  in  such  cases  to  excavate  the  mud  or  other 
soft  material  to  a  depth  greater  then  two  (2)  feet  below  subgrade. 

All  filling  shall  be  done  with  good  sound  earth  or  gravel.  When- 
ever a  fill  is  to  be  made,  the  embankment  shall  be  brought  up 
in  layers  not  exceeding  one  (1)  foot  in  depth  and  each  layer  shall 
be  thoroughly  dampened  and  rolled  with  a  roller  weighing  not 
less  than  two  hundred  (200)  pounds  per  lineal  inch  width  of  tire 
until  it  is  firmly  compacted. 

When  special  flooding  is  required,  the  contractor  shall  perform 
the  same  in  accordance  with  the  requirements,  as  specified  on 
the  plans. 


144  MODEL  SPECIFICATIONS 


No  material  of  a  perishable,  spongy,  or  otherwise  improper 
nature  shall  be  used  in  filling.  The  space  over  which  fills  are 
to  be  made  shall  first  be  cleared  of  all  brush,  timber,  trash  or 
debris  unfit  for  foundation. 

During  the  process  of  grading,  the  street  shall  be  maintained  in 
a  reasonably  good  condition  for  traffic,  care  being  taken  to  remove 
the  surplus  material  as  evenly  as  possible  over  the  whole  surface 
of  the  street. 

The  street  shall  be  plowed  up  not  to  exceed  one-half  (%)  mile 
in  length  before  macadamizing  is  begun,  except  where  there  are 
car  tracks  on  the  street,  in  which  case  one  side  shall  be  held 
intact  until  macadamizing  is  complete  on  the  other  side.  The 
contractor  shall  at  all  times  maintain  proper  drainage  on  the 
street. 

The  width  of  the  street  to  be  graded,  unless  otherwise  specified 
on  the  plans  or  in  the  resolution  of  intention^  shall  be  held  to 
mean  the  entire  width  of  street  from  property  line  to  property 
line,  but  the  roadway  between  the  curbs  and  the  spaces  between 
the  curbs  and  the  property  lines  shall  be  each  finished  for  its 
use.  as  specified  herein. 

The  spaces  between  the  curbs  and  the  property  lines,  in  cases 
where  no  cement  walks  are  laid,  shall  be  graded  to  a  plane  rising 
at  a  rate  of  three  (3)  inches  in  ten  (10)  feet  from  the  established 
grade  at  the  curb  line,  and  in  cases  where  cement  walks  are  con- 
structed the  spaces  between  the  curbs  and  the  walks  and  between 
the  walks  and  the  property  lines,  as  the  case  may  be,  shall  be 
surfaced  evenly  with  the  tops  of  the  curbs  and  walks. 

After  the  block  or  section  has  been  graded,  as  above  specified, 
the  surface  shall  be  thoroughly  drenched  with  water  and  when 
sufficiently  dry  shall  be  rolled  with  a  steam  or  gasoline  roller 
weighing  not  less  than  four  hundred  (400)  pounds  to  the  lineal 
inch  in  width  of  the  tire  until  the  surface  is  unyielding.  Wherever 
practicable,  the  street  shall  be  cross-rolled,  as  well  as  rolled 
longitudinally.  Depressions  made  by  rolling  shall  be  levelc'd  up 
with  good  earth  and  again  rolled.  Such  portions  of  the  street 
as  cannot  be  reached  by  the  roller,  and  all  places  excavated  below 
sub-grade  and  refilled,  and  all  pipe  trenches  and  other  places 
that  cannot  be  properly  compacted  by  the  roller,  shall  be  tamped 
solid,  and  in  cases  of  wet  weather  or  soft  or  muddy  ground  making 
the  use  of  the  roller  unsafe  or  impracticable,  the  rolling  shall 
not  be  undertaken  until  the  ground  has  become  sufficiently  dry. 

The  contractor  shall  notify  the  city  engineer  when  a  block  or 
a  section  has  been  brought  to  sub-grade,  when  the  latter  will 
check  the  elevation  of  the  same,  and  if  the  work  is  found  to  be 
in  accordance  with  the  specifications  and  grades  given,  the  con- 
tractor shall  proceed  as  hereinafter  mentioned. 


_ 
MODEL  SPECIFICATIONS  145 

BROKEN  STONE. 

Broken  stone  for  use  under  these  specifications  shall  be  classified 
as  follows: 

No.  1  stone  shall  be  stone  of  a  size  which  will  pass  through  a 
3"  ring  and  be  retained  on  a  1J^"  ring. 

No.  2  stone  shall  be  stone  of  a  size  which  will  pass  through  a 
1%"  ring  and  be  retained  on  a  %"  ring. 

No.  3  stone  shall  be  stone  of  a  size  which  will  pass  through  a 
%"  ring  and  be  retained  on  a  screen  having  meshes  ^"  in  diameter. 

No.  4  stone  shall  be  stone  of  a  size  which  will  pass  a  screen 
having  meshes  %"  in  diameter  and  which  shall  contain  not  more 
than  30%  of  material  passing  a  screen  of  14  meshes  per  lineal 
inch. 

No.  1  and  No.  2  stone  shall  be  obtained  from  rock  having  a 
coefficient  as  hereinafter  defined  of  not  less  than  8,  and  No.  3 
and  No.  4  stone  shall  be  obtained  from  rock  having  a  coefficient 
of  not  less  than  9. 

All  broken  stone  shall  be  uniform  in  quality  and  shall  not  con- 
tain more  than  five  (5)  per  cent  having  rounded  surfaces. 

SAND. 

Sand,  for  concrete,  shall  be  clean,  sharp,  dry,  silicious  sand, 
and  shall  not  contain,  in  all,  more  than  five  (5)  per  cent  by  volume, 
of  clay,  loam,  mica,  silt  or  other  objectionable  inorganic  matter, 
nor  more  than  one  (1)  per  cent  of  organic  matter.  It  shall  be 
made  up  of  grains  whose  composition  shall  be  such  that  at  least 
sixty  (60)  per  cent,  by  weight,  shall  pass  a  twenty  (20)  mesh 
screen,  not  more  than  eighty-five  (85)  per  cent  shall  pass  a  fifty 
(50)  mesh  screen,  and  not  more  than  fifteen  (15)  per  cent  shall 
pass  an  eighty  (80)  mesh  screen. 

STONE. 

Stone,  for  concrete,  shall  be  hard,  clean  and  close-grained,  and 
shall  be  free  from  stone-dust,  loam,  clay,  shale  or  other  inferior 
material.  It  shall  be  of  such  size  that  it  will  all  pass  through 
a  screen  having  openings  two  (2)  inches  in  diameter  and  be  re- 
tained upon  a  screen  having  openings  one-half  (%)  inch  in  diam- 
eter. 

STONE-DUST. 

Stone-dust,  for  wearing  surface  and  binder  course,  shall  be 
pulverized  limestone  or  hydraulic  Portland  cement.  All  of  it 
must  pass  a  No.  50  sieve,  and  at  least  60  per  cent  must  pass  a 
No.  200  sieve. 


146  MODEL  SPECIFICATIONS 


ASPHALTIC  CEMENT. 

Asphaltic  cement,  for  the  asphaltic  wearing  surface  and  for 
the  asphaltic-concrete  binder  course  shall  be  a  natural  asphalt, 
refined  natural  asphalt,  a  mixture  of  a  refined  liquid  asphalt  with 
a  refined  solid  asphalt,  or  an  oil  asphalt. 

The  asphaltic  cement  must  be  homogeneous  and  its  consistency 
must  fall  within  the  limits  of  sixty-five  (65)  and  eighty  (80)  pene- 
tration by  the  District  of  Columbia  standard.  It  must  be  adhe- 
sive and  ductile  and  also  slightly  elastic  at  a  temperature  of 
thirty-two  (32)  degrees  Fahrenheit.  When  twenty  (20)  grammes 
are  heated  to  a  temperature  of  three  hundred  (300)  degrees  Fahren- 
heit for  eight  (8)  consecutive  hours  in  an  uncovered,  cylindrical 
dish,  three  and  one-half  (3J^)  centimeters  high  by  five  and  one- 
half  (5J^)  centimeters  in  diameter,  it  must  not  lose  more  than 
five  (5)  per  cent  in  weight  and  must  not  be  sovt;hanged  by  such 
heating  as  to  be  made  harder  than  a  consistency  of  twenty  (20) 
penetration  by  the  District  of  Columbia  standard. 

If  a  natural  asphalt,  or  a  mixture  of  a  refined  liquid  asphalt 
with  a  natural  solid  asphalt,  it  must,  when  ready  for  use,  contain 
at  least  sixty  (60)  per  cent  of  bitumen  soluble  in  chloroform,  and 
if  an  oil  asphalt,  it  must,  when  ready  for  use,  contain  at  least 
ninety-nine  (99)  per  cent  of  bitumen  soluble  in  chloroform  and 
contain  no  free  carbon. 

When  the  asphaltic  cement  is  prepared  by  mixing  a  solid  oil 
asphalt  with  a  liquid  asphalt,  the  solid  oil  asphalt  shall  be  pre- 
pared by  distilling  the  crude  oil  until  the  asphaltic  residuum  has 
a  penetration  not  less  than  sixty  (60)  by  the  District  of  Columbia 
standard,  and  shall  not  be  prepared  by  mixing  or  fluxing  a  solid 
asphalt  with  a  liquid  or  softer  asphalt. 

The  refined  liquid  asphalt  used  in  softening  a  solid  asphalt 
must  be  a  stiff  residuum  of  petroleum  oil  with  an  asphaltic  base. 
It  must  be  free  from  water  and  from  light  oils  volatile  at  less 
than  two  hundred  and  fifty  (250)  degrees  Fahrenheit.  When 
twenty  (20)  grammes  are  heated  to  a  temperature  of  three  hun- 
dred (300)  degrees  Fahrenheit  for  five  (5)  hours  in  an  uncovered, 
cylindrical  dish,  three  and  one-half  (3H)  centimeters  high  by 
five  and  one-half  (5%)  centimeters  in  diameter,  it  must  not  lose 
more  than  five  (5)  per  cent  in  weight.  It  must  contain  not  less 
than  ninety-nine  (99)  per  cent  of  bitumen  soluble  in  chloroform, 
and  must  contain  no  free  carbon. 

CORRUGATED  IRON  AND   CONCRETE  CULVERTS. 

Culverts  of  corrugated  iron  and  concrete  shall  be  constructed 
of  the  dimensions  and  forms,  and  be  located  at  points,  shown  on 
the  plans  attached  hereto. 


MODEL  SPECIFICATIONS  147 

Corrugated  iron  sheets  used  in  the  construction  of  the  culverts 
shall  be  thoroughly  galvanized  with  zinc  spelter,  the  zinc  spelter 
to  be  applied  before  the  sheets  are  corrugated.  After  being 
corrugated  the  sheets  shall  show  no  signs  of  cracking  or  blistering. 
Sheets  shall  be  of  the  U.  S.  standard  gauge  shown  on  plans.  Cor- 
rugations shall  be  two  and  one-half  (2^)  inches  in  width  and 
one-half  0^)  inch  in  depth.  Iron  for  culverts  shall  contain  in 
all  not  more  than  two-tenths  of  one  per  cent  of  the  following 
impurities:  sulphur,  phosphorus,  manganese,  carbon,  silicon,  and 
gases  (oxygen,  hydrogen,  nitrogen). 

All  joints  in  the  metal  portion  of  the  culvert  shall  be  lapped 
two  and  one-quarter  (2J4)  inches. 

Concrete  for  culverts  shall  be  composed  of  one  (1)  part  hydraulic 
Portland  cement  to  two  (2)  parts  of  clean,  coarse  sand  and  four  (4) 
parts  of  clean,  hard,  sound  rock,  and  shall  be  thoroughly  tamped 
in  place.  The  inside  bottom  of  the  culvert  shall  be  plastered 
smooth  and  even  with  the  cement  mortar,  said  plastering  to  be 
one-half  (l/£)  inch  in  thickness.  Mortar  for  culverts  shall  be 
composed  of  one  (1)  part  hydraulic  Portland  cement  to  two  (2) 
parts  sand. 

CONCRETE  GUTTERS. 

Concrete  gutters  shall  be  laid  where  required  by  the  plans 
attached  hereto  and  shall  be  of  the  width  called  for  thereon. 
The  earth  underneath  the  gutters  shall  be  wet  and  thoroughly 
tamped.  The  gutters  shall  be  six  (6)  inches  in  thickness,  com- 
posed of  one  (1)  part  of  hydraulic  Portland  cement  to  two  (2) 
parts  of  clean,  coarse  sand  and  four  (4)  parts  of  clean,  hard, 
sound  rock,  ranging  in  size  from  one-half  (3/£)  to  two  (2)  inches 
in  greatest  diameter,  the  whole  to  be  thoroughly  mixed  dry  and 
afterwards  have  sufficient  water  added  by  sprinkling  to  thoroughly 
moisten,  and  then  be  thoroughly  mixed,  placed  in  position  and 
then  thoroughly  tamped  until  water  comes  to  the  surface.  Im- 
mediately after  the  concrete  is  tamped  a  grouting  composed  of 
one  (1)  part  cement  to  one  (1)  part  clean,  sharp  sand  and  enough 
lamp-black  to  make  a  uniform  dark  gray  color  shall  then  be  poured 
over  the  gutter,  and  trowelled  even.  The  top  surface  grouting 
shall  not  be  more  than  one-half  (^)  inch  thick,  and  shall  be  scored 
every  six  (6)  feet  and  given  a  spat  surface.  The  gutters  shall  be 
covered  with  earth  and  kept  moist  for  ten  days.  When  gutters 
are  laid  in  adobe  soil  a  layer  three  (3)  inches  thick  of  gravel, 
screenings,  sand  or  other  granular  material  shall  be  thoroughly 
tamped  in  place  before  the  gutter  is  laid.  Joints,  extending 
entirely  through  the  concrete,  shall  be  made  in  the  gutter  every 
eighteen  (18)  feet  with  paper  one-sixteenth  of  an  inch  thick, 
thoroughly  coated  with  asphalt. 


148  MODEL  SPECIFICATIONS 

CONCRETE  FOUNDATION  FOR  PAVEMENT. 

The  foundation  shall  be  composed  of  hydraulic  Portland  cement, 
sand  and  stone,  mixed  in  the  proportion  of  94  pounds  of  hydraulic 
Portland  cement,  three  (3)  cubic  feet  of  sand,  and  six  (6)  cubic 
feet  of  stone. 

The  ingredients  for  the  concrete  are  to  be  brought  upon  the 
work  separately  and  so  deposited  that  the  proportions  of  material 
can  readily  be  controlled.  The  stone  shall  be  deposited  on  a 
platform  in  a  uniform  layer  one  (1)  foot  thick,  and  the  sand  and 
cement,  in  the  order  named,  shall  then  be  spread  in  uniform  layers 
over  said  layer  of  stone. 

These  ingredients  shall  be  well  mixed  dry  by  turning  at  least 
twice  with  shovels,  and  shall  then  receive  the  least  quantity  of 
fresh,  clean  water  necessary  to  convert  the  sand  and  cement  into 
a  good  mortar,  while  being  further  mixed  equivalent  to  two  addi- 
tional turnings  with  shovels,  before  being  deposited  in  place. 

A  rotary  mixer  may  be  used  to  secure  the  aforesaid  results  in 
mixing. 

Under  all  circumstances  the  mixing  must  be  such  as  to  distribute 
the  mortar,  formed  by  the  sand  and  cement,  throughout  the  mass 
of  concrete  so  that,  upon  compacting,  the  voids  between  particles 
of  stone  shall  be  well  filled. 

The  concrete,  after  mixing,  shall  at  once  be  evenly  spread  and 
well  tamped  until  thoroughly  compacted  and  an  even  surface  of 
the  required  grade  is  obtained.  When  compacted  it  shall  be  of 
the  thickness  specified,  to  wit:  six  (6)  inches. 

The  concrete  foundation  is  to  be  prevented  from  rapidly  drying 
and  shall  be  kept  moist  between  the  hours  of  sunrise  and  sunset 
for  five  (5)  days  and  not  disturbed  for  two  (2)  days  thereafter. 
It  shall  be  protected  from  traffic  by  covering  with  a  layer  of 
planking. 

HYDRAULIC  PORTLAND   CEMENT. 

Hydraulic  Portland  cement,  for  use  upon  the  work  set  forth  in 
these  specifications,  shall  be  pulverulent  and  free  from  lumps, 
and  shall  be  delivered  in  the  manufacturer's  packages  with  the 
brand  and  name  of  the  manufacturer  plainly  marked  thereon. 

All  lots  of  cement  shall  be  submitted  for  inspection  and  test 
at  least  ten  (10)  days  in  advance  of  its  use  upon  the  work. 

The  contractor  shall  furnish  proper  facilities  for  the  identifi- 
cation of  each  lot  of  cement  after  samples  of  it  are  taken,  and  any 
cement  not  fulfilling  the  requirements  of  these  specifications 
shall  be  at  once  removed  from  the  work.  Any  lot  of  cement 
becoming  damaged  by  moisture  after  the  samples  are  taken  shall 
also  at  once  be  removed  from  the  work. 


MODEL  SPECIFICATIONS  149 

The  acceptance  or  rejection  shall  be  based  on  the  following 
requirements: 

Cement  shall  leave  by  weight  a  residue  of  not  more  than  8  per 
cent  on  the  No.  100,  and  not  more  than  25  per  cent  on  the  No.  200 
standard  sieve. 

Cement,  when  made  into  briquettes  and  tested  neat,  shall  have 
a  tensile  strength  of  not  less  than  500  pounds  to  the  sectional 
square  inch  after  an  exposure  of  one  (1)  day  in  air  and  an  immer- 
sion of  six  (6)  days  in  water.  In  making  the  briquettes  the  cement 
paste  will  be  compacted  in  the  moulds  by  the  use  of  the  fingers 
only,  and  only  sufficient  water  will  be  used  to  allow  of  properly 
compacting  the  paste  in  this  manner. 

Pats  of  cement  made  on  glass  and  brought  to  thin  edges  shall 
show  no  signs  of  distortion,  cracking,  checking  or  disintegration 
under  the  following  conditions:  Pat  No.  1,  in  moist  air  for  24 
hours  and  six  days  in  water;  Pat  No.  2,  in  moist  air  for  24  hours 
and  3  hours  in  steam  at  about  atmospheric  pressure. 

The  cement,  after  wetting,  shall  take  not  less  than  thirty  (30) 
minutes  to  set  so  that  it  will  bear,  without  indentation,  a  round 
wire  one-twelfth  (1/12)  inch  in  diameter  placed  endwise  and 
loaded  to  a  total  weight  of  one-fourth  04)  pound. 

Cement  passing  the  above  tests  satisfactorily  will  be  accepted. 

Cement  passing  all  of  the  above  tests  satisfactorily,  except 
Pat  No.  2,  shall  be  held  until  Pat  No.  1  is  twenty-eight  days  old, 
and  if  at  that  time  said  Pat  No.  1  shows  no  sign  of  distortion, 
checking,  cracking  or  disintegration,  the  cement  will  be  accepted. 

ASPHALTIC   CONCRETE  BINDER  COURSE. 

The  binder  course  shall  be  composed  of  broken  stone,  asphaltic 
cement,  sand  and  stone-dust. 

The  ingredients  composing  the  binder  course  may  be  prepared 
by  mixing  the  several  classes  of  materials  in  proper  proportions, 
or  by  the  combination  of  natural  asphaltic  materials  with  the 
individual  ingredients  so  as  to  produce  the  required  mixture. 
The  percentage  composition  (by  weight)  of  the  binder  course 
shall  be  within  the  following  specified  limits: 

Broken  stone Between  60  per  cent  and  70  per  cent. 

Sand Between  25  per  cent  and  35  per  cent. 

Stone-dust Between    4  per  cent  and    8  per  cent. 

Pure   Bitumen    (in   asphaltic 

cement) Between    4  per  cent  and    8  per  cent. 

This  mixture  for  the  binder  course,  while  still  hot,  shall  be 
spread  uniformly  over  the  foundation  with  hot  rakes  to  such  a 
depth  that  after  compression,  it  shall  have  a  uniform  thickness 
of  two  (2)  inches.  It  shall  be  immediately  rolled  with  a  roller 
weighing  not  less  than  one  hundred  and  fifty  (150)  pounds  to  the 


150  MODEL  SPECIFICATIONS 

inch  width  of  roller;  said  roller  to  have  a  total  weight  of  not 
less  than  five  tons.  This  rolling  shall  be  continued  while  the 
binder  is  in  a  hot,  plastic  condition.  Such  portions  of  the  binder 
course  as  it  may  be  impossible  to  roll  shall  be  thoroughly  tamped 
with  hot  tampers.  The  upper  surface  of  the  binder  course  shall 
be  made  exactly  parallel  with  the  required  surface  of  the  finished 
pavement. 

Great  care  must  be  taken  in  handling,  spreading  and  grading  the 
mixture  to  maintain  a  uniform  admixture  of  the  broken  stone 
throughout  the  mass.  The  rakes  used  must  have  tines  wide 
apart  and  the  back  of  the  rake  must  be  principally  used  for  grading. 

The  concrete  foundation  shall  be  free  from  all  loose  fragments 
and  rubbish  and  must  be  swept  clean  in  advance  of  the  application 
of  the  binder  course. 

The  binder  course  shall  not  be  laid  more  than  one  day's  work 
in  advance  of  the  surface  course. 

ASPHALTIC  WEARING   SURFACE 

Upon  the  binder  course  prepared  and  laid  as  before  described 
and  thoroughly  swept  free  from  all  loose  fragments  and  rubbish, 
shall  be  laid  an  asphaltic  wearing  surface  composed  of  asphaltic 
cement,  sand  and  stone-dust,  and  the  materials  shall  be  mixed 
in  such  proportions  that  the  percentage  composition  (by  weight) 
of  the  wearing  surface  shall  be  within  the  following  limits: 
Pure  bitumen  (in  asphaltic  cement). .  .Between  10  and  14  per  cent. 

Sand Between  70  and  80  per  cent. 

Stone-dust Between  10  and  18  per  cent. 

The  wearing  surface  mixture  shall  be  brought  to  the  work  in 
suitable  carts  or  dump-wagons,  and  shall  not  be  colder  than  two 
hundred  and  fifty  (250)  degrees  Fahrenheit  when  it  reaches  the 
street.  It  is  to  be  uniformly  spread  over  the  binder  course  with 
hot  shovels  and  rakes  to  such  a  depth  that  after  ultimate  compres- 
sion, the  finished  wearing  surface  shall  be  one  and  one-half  (1H) 
inches  thick.  After  being  spread,  the  mixture  shall  at  once  be 
compressed  with  hand  rollers  weighing  at  least  two  hundred  and 
fifty  (250)  pounds  to  the  foot  width  of  roller,  and  these  shall  be 
immediately  followed  by  a  steam  roller  having  a  weight  of  be- 
tween one  hundred  and  twenty-five  (125)  and  one  hundred  and 
fifty  (150)  pounds  to  the  inch  width  of  roller  and  a  total  weight 
of  at  least  5  tons,  after  which,  while  the  pavement  is  still  hot, 
it  shall  be  rolled  with  a  steam  roller  having  a  weight  of  not  less 
than  two  hundred  and  fifty  (250)  pounds  to  the  inch  width  of 
roller,  nor  less  than  a  total  weight  of  8  tons. 

The  steam  rolling  is  to  be  done  by  first  running  the  roller  across 
the  roadway  at  right  angles  to  its  direction,  then  crossing  diag- 


MODEL  SPECIFICATIONS  151 

onally  first  from  one  side  and  then  from  the  other,  the  direction 
of  the  two  diagonal  rollings  being  approximately  at  right  angles 
to  each  other,  and  finally  by  rolling  parallel  with  the  direction 
of  the  street. 

The  rolling  with  the  steam  roller  shall  be  continued  for  five  (5) 
hours  for  every  thousand  square  yards  of  surface.  Such  portions 
of  the  wearing  surface  as  it  may  be  impossible  to  roll  shall  be 
thoroughly  tamped  with  hot  tampers  and  smoothed  with  hot 
smoothing  irons,  care  being  taken  not  to  burn  the  surface. 

A  small  amount  of  hydraulic  cement  or  infusorial  earth  shall  be 
swept  over  the  pavement  after  rolling. 

The  resulting  surface  of  the  finished  pavement  must  show  an 
even  and  smooth  surface,  must  be  thoroughly  compressed  and 
shall  be  true  to  grade  and  cross  section. 

No  binder  course  or  asphaltic  wearing  surface  shall  be  laid  in 
rainy  weather  or  when  the  foundation  or  binder  surface  is  wet. 

Hand-mixing  with  shovels  or  other  tools,  and  the  use  of  open 
kettles  for  mixing  the  ingredients  for  the  wearing  surface  or 
binder  course  will  not  be  allowed. 

No  traffic  shall  be  allowed  on  the  street  until  the  pavement  is 
thoroughly  cooled  and  set. 


WARRENITE-BITULITHIC  WEARING  SURFACE. 

Upon  the  foundation,  previously  prepared  and  thoroughly  swept 
free  from  all  rubbish,  shall  be  laid  the  bitulithic  wearing  surface 
composed  of  a  mixture  of  broken  stone,  sand,  stone-dust  and 
bitulithic  waterproof  cement,  in  sufficient  quantities  to  make  the 
mixture  conform  to  the  following  proportions  by  weight: 

Per  Cent 

by  Weight 
Passing  1^  inch  mesh  screen  and  retained  on  a  1  inch  mesh 

screen 10 — 15 

Passing  1  inch  mesh  screen  and  retained  on  a  J/2  inch  mesh 

screen 26 — 35 

Passing  J/£  inch  mesh  screen  and  retained  on  a  J4  mcn  mesh 

screen . . 12 — 20 

Passing  J4  inch  mesh  screen  and  retained  on  a  10  mesh  to 

the  inch  screen 8 — 12 

Passing  a  10  mesh  to  the  inch  screen  and  retained  on  a  200 

mesh  to  the  inch  screen 24 — 32 

Passing  a  200  mesh  to  the  inch  screen 4 —  7 

Bitulithic  waterproof  cement 7 — 9J^ 

From  sixty  (60)  per  cent  to  eighty  (80)  per  cent  of  the  aggregate 
passing  a  ten  (10)  mesh  to  the  inch  screen  shall  pass  a  forty  (40) 


152  MODEL  SPECIFICATIONS 

mesh  to  the  inch  screen  and  from  fifteen  (15)  per  cent  to  thirty 
(30)  per  cent  of  the  sand  shall  pass  an  eighty  (80)  mesh  to  the 
inch  screen. 

STONE-DUST:  The  stone-dust  shall  be  finely  powdered  lime- 
stone or  other  hard  and  durable  rock  or  Portland  cement,  as  the 
contractor  elects,  and  shall  be  of  such  fineness  that  all  of  it  will 
pass  a  fifty  (50)  mesh  to  the  inch  screen,  and  at  least  sixty-six 
(66)  per  cent  will  pass  a  two  hundred  (200)  mesh  to  the  inch 
screen. 

BITULITHIC  WATERPROOF  CEMENT:  The  bitulithic  waterproof 
cement  shall  be  refined  from  crude  liquid  asphalt.  It  shall  meet 
the  tests  required  for  asphaltic  cement. 

MIXING  AND.LAYING  BITULITHIC  WEARING  SURFACE. 

The  different  sizes  of  stone  shall  be  kept  in  separate  bins  or 
receptacles.  The  broken  stone,  sand  and  stone  dust  shall  be 
heated  in  such  driers  as  will  permit  it  to  be  uniformly  heated, 
and  the  several  sizes  shall  then  be  accurately  weighed  and  com- 
bined in  the  proportion  above  stated.  Each  batch  of  mineral 
aggregate  so  composed  of  the  different  sizes,  accurately  weighed 
as  above,  shall  pass  while  hot  into  a  mixer  where  bitulithic  water- 
proof cement  previously  heated  to  a  temperature  of  from  two 
hundred  (200)  degrees  to  two  hundred  and  fifty  (250)  degrees 
Fahrenheit,  shall  be  incorporated  with  the  heated  stone  until 
the  combination  is  an  uniform  bituminous  concrete.  The  amount 
of  bitulithic  cement  used  in  each  batch  shall  be  accurately 
weighed  and  used  in  such  proportion  as  will  thoroughly  coat 
each  particle  of  stone  and  fill  all  voids  in  the  mixture. 

The  surface  mixture  prepared  as  above  shall  be  brought  to 
the  work  in  covered  carts  or  dump  wagons,  and  shall  not  be  cooler 
than  two  hundred  (200)  degrees  Fahrenheit  when  deposited  on 
street.  It  shall  at  once  be  uniformly  spread  over  the  foundation 
to  such  a  depth  that  after  receiving  its  ultimate  compression 
the  finished  surface  shall  have  a  thickness  of  not  less  than  that 
shown  upon  the  cross  section  adopted  for  the  work.  It  shall 
then  be  immediately  rolled  with  a  roller  having  a  compression 
of  not  less  than  three  hundred  (300)  pounds  to  the  lineal  inch 
width  of  tire,  until  the  surface  is  unyielding,  true  to  grade  and 
cross-section. 

The  completed  surface  shall  be  a  solid,  dense,  bituminous  con- 
crete, the  mineral  aggregate  of  which  shall  have  a  high  degree 
of  inherent  stability.  Such  surface  shall  have  at  least  ninety  (90) 
per  cent  of  the  specific  gravity  of  the  mineral  aggregate. 

No  pavement  shall  be  laid  in  rainy  weather  or  when  the  foun- 
dation is  wet  from  rain  or  any  other  cause. 


MODEL  SPECIFICATIONS  153 

Upon  the  wearing  surface  shall  be  spread  a  thin  coating  of 
bitulithic  flush  coat  composition  by  means  of  a  spreading  machine 
so  designed  as  to  spread  quickly  and  evenly  the  desired  amount. 
This  flush  coat  composition  shall  be  applied  at  the  rate  of  one- 
eighth  (i/g )  gallon  per  square  yard  of  paving  surface,  at  a  temper- 
ature sufficient  to  cause  it  to  flow  freely,  but  not  exceeding  two 
hundred  and  fifty  (250)  degrees  Fahrenheit. 

While  the  flush  coat  composition  is  still  warm,  at  least  two  (2) 
coats  of  stone  screenings  not  greater  than  one-fourth  (%)  inch 
in  their  largest  dimension  of  the  same  character  as  the  wearing 
surface  rock  shall  be  spread  over  the  surface  of  the  pavement, 
at  a  temperature  of  from  two  hundred  (200)  degrees  Fahrenheit 
to  two  hundred  and  fifty  (250)  degrees  Fahrenheit,  in  such  a 
manner  as  to  rapidly  and  uniformly  cover  the  surface  of  the  pave- 
ment, using  not  less  than  one  (1)  cubic  yard  of  screenings  to  one 
hundred  (100)  square  yards  of  wearing  surface.  The  surface 
shall  then  be  rolled  with  a  roller  as  hereinbefore  specified,  until 
,the  pavement  becomes  cool. 

On  grades  over  four  (4)  per  cent  shall  be  used  a  mineral  flush 
coat  prepared  by  mixing  the  flush  coat  composition  with  one- 
fourth  (l/i)  inch  hot  stone  screenings  applied  while  hot  and  rolled 
into  the  surface  to  provide  a  rougher  surface. 

SPECIFICATIONS  FOR  SEWERING. 

Excavation  of  Sewer  Trench. 

The  ground  shall  be  excavated  in  open  trenches,  the  sides  of 
which  shall  be  parallel  to,  and  at  equal  distance  on  each  side  of, 
the  center  line  of  sewer  as  surveyed  by  the  city  engineer.  The 
bottom  of  the  trench  shall  be  graded  to  an  exact  grade  obtained 
by  measuring,  with  a  rod,  from  a  fine  string,  tightly  drawn  be- 
tween grade  planks  along  the  center  line  of  sewer  and  parallel 
with  the  grade  of  the  sewer.  The  grade  thus  obtained  shall  be 
the  grade  for  the  bottom  of  the  pipe.  The  aforesaid  planks  shall 
be  at  least  six  inches  in  depth,  and  shall  be  laid  at  right  angles 
to  and  across  the  ditch  in  accordance  with  the  stakes  set  by  the 
city  engineer. 

Cross  cuts  deep  enough  to  receive  the  sockets  of  the  pipe  shall 
be  cut  in  bottom  of  trench  in  order  that  the  pipe  may  not  rest 
on  the  sockets.  The  sides  of  the  trench  must  be  supported  with 
planking  and  bracing  when  in  caving  ground.  Where  the  trench 
is  in  rock,  excavation  must  be  six  (6)  inches  below  grade,  and 
the  bottom  brought  to  grade  with  earth  well  tamped  in  place. 
Whenever  the  bottom  of  the  trench  is  in  mud  or  quicksand  the 
bottom  must  be  made  solid  by  replacing  the  mud  or  quicksand 
with  earth  well  tamped  in  place. 


154  MODEL  SPECIFICATIONS 

All  water  pipes,  gas  pipes  and  conduits  must  be  properly  sup- 
ported where  crossing  or  lying  along  the  trench. 

Pipe  for  Sewers,  "Y"  Branches,  Drop-Connections  and  Lampholes. 

Pipe  and  "Y"  branches  shall  be  designated  by  their  interior 
diameter.  All  pipe  for  sewers,  "Y"  branches,  drop-connections 
and  lampholes  shall  be  first-quality,  salt-glazed,  vitrified,  iron- 
stone sewer  pipe,  sound  and  well  burned  throughout  their  thick- 
ness, impervious  to  moisture,  of  smooth,  well-glazed  exterior  and 
interior  surface,  free  from  objectionable  cracks,  flaws,  blisters 
and  other  imperfections.  The  pipe  shall  be  straight  and  not 
vary  from  a  true  cylinder  more  than  one-twelfth  (1/12)  of  an  inch 
for  each  three  inches  of  diameter  of  pipe.  All  pipe  shall  be  of 
the  bell  and  spigot  pattern  with  true,  circular  sockets  concentric 
to  the  bore  of  the  pipe.  Sockets  must  be  of  sufficient  diameter 
to  receive,  for  their  full  depth,  the  spigot  end  of  the  next  following 
pipe  without  any  chipping  whatever  of  either,  and  also  to  leave 
a  space  of  not  less  than  Y%  inch  in  width  all  around  for  the  cement 
mortar  joint. 

Laying  Pipe. 

Each  pipe  must  lie  on  the  grade  of  trench  and  its  spigot  end  be 
bedded  in  the  cement  mortar  in  the  socket  of  the  pipe  previously 
laid;  said  cement  mortar  to  extend  around  the  inside  of  said 
socket  on  the  lower  half  of  the  circle. 

The  sockets  must  be  laid  in  the  cross-cuts  previously  cut  in 
the  trench. 

The  pipe  must  be  pressed  along  into  the  socket  so  that  the 
spigot  end  will  be,  at  most,  one-fourth  inch  from  the  shoulder 
of  the  socket.  After  the  pipe  is  properly  on  grade  and  line,  the 
socket  must  be  filled  all  around  with  cement  mortar,  pressed  in 
with  the  hand  or  trowel,  filling  mortar  flush  with  outside  of  socket 
and  one  inch  on  body  of  entering  pipe.  Should  there  be  any 
space  on  the  inside  between  the  ends  of  the  pipe,  it  must  be 
solidly  filled  with  cement  mortar  and  smoothed  to  the  surface. 
Then  fine  earth  must  be  pressed  under  the  sides  of  the  pipe  and 
half  way  up  the  sides  of  the  pipe,  and  tamped  before  the  next 
pipe  is  laid.  The  interior  of  the  sewer  shall  be  carefully  freed 
from  all  cement,  dirt  and  superfluous  material  of  every  descrip- 
tion as  the  work  proceeds. 

Cement  Mortar. 

Cement  mortar,  for  cementing  pipes,  shall  be  composed  of  one 
part  cement  to  two  parts  sand,  mixed  dry;  after  being  thoroughly 
mixed,  water  enough  to  be  added  to  admit  of  stirring.  No  mor- 
tar which  has  been  standing  over  one  hour  to  be  used.  Mortar 
must  be  mixed  in  a  water-tight  box. 


MODEL  SPECIFICATIONS  155 

Re-filling  of  Sewer  Trench. 

Aftejr  the  pipe  has  been  properly  laid  the  space  between  it  and 
the  sides  of  the  trench  shall  be  filled  with  fine  earth,  both  sides 
being  filled  at  the  same  time  and  carefully  tamped  so  as  not  to 
disturb  the  pipe.  But  no  filling  shall  be  done  until  the  work  has 
been  inspected  and  approved  by  the  official  whose  duty  it  is 
to  inspect  and  approve  the  same.  When  at  least  thirty  (30) 
feet  of  pipe  has  been  laid  and  tamped  as  above,  the  trench  shall 
be  filled  in  layers  of  earth,  free  from  stones;  layers  to  be  not 
more  than  nine  inches  thick  and  each  layer  carefully  tamped 
before  another  is  added.  This  mode  of  filling  shall  be  adopted 
for  a  depth  of  one  and  one-half  feet  above  top  of  pipe,  with  only 
water  enough  to  dampen  the  earth  if  it  be  too  dry  to  tamp. 
Above  this  the  filling  shall  be  settled,  with  water,  in  layers  of 
not  more  than  three  (3)  feet  in  depth,  each  layer  to  be  thoroughly 
soaked  before  the  next  layer  is  added. 

Where  there  is  macadam  on  the  line  of  excavation,  the  rock 
shall  be  kept  in  separate  piles  from  the  earth,  and  in  refilling, 
the  macadam  must  be  handled  with  a  close-tined  fork,  separating 
the  fine  from  the  coarse  rock.  The  coarse  rock  must  be  replaced 
first,  with  the  fine  rock  on  top.  The  rocks  shall  then  be  rolled 
with  a  roller  of  at  least  four  tons'  weight. 

Where  the  sewer  is  in  fill,  the  pipe  shall  be  covered  to  a  depth 
of  not  less  than  two  feet.  The  filling  shall  be  thoroughly  com- 
pacted before  laying  the  pipe. 

Manholes. 

Manholes  shall  be  constructed  of  hard  burned,  clear-ringing 
bricks,  according  to  and  at  points  shown  on  the  plans.  All  brick 
shall  be  thoroughly  sprinkled  with  water  immediately  before 
laying  and  shall  be  laid  in  cement  mortar  composed  of  one  part 
cement  to  three  parts  sand.  The  foundation  shall  be  of  brick, 
four  inches  in  thickness  under  the  pipe,  and  shall  extend  all  over 
the  bottom  of  the  manhole.  The  interior  surface  of  the  manhole 
shall  be  plastered  with  cement  mortar,  one-half  inch  thick,  composed 
of  one  part  cement  to  one  part  sand.  The  surface  of  the  wall 
shall  be  brushed  clean  and  smooth  after  applying  the  plaster. 

Lampholes  and  Drop-Connections. 

Lampholes  and  drop-connections  are  to  be  constructed  accord- 
ing to  and  at  the  points  shown  on  the  plans.  The  pipe  used  in 
their  construction  shall  be  laid  in  the  manner  specified  herein 
under  the  heading  "Laying  Pipe."  The  brick  used  in  construct- 
ing lampholes  shall  be  of  the  same  quality  and  laid  in  the  manner 
specified  for  laying  bricks  under  the  heading  "Manholes." 


156  MODKL  SPECIFICATIONS 

Iron  Work. 

Tops  of  all  manholes  and  lampholes  are  to  be  of  cast-iron,  and 
of  forms  and  dimensions  shown  on  plans.  Castings  are  to  be  set 
on  masonry  work  in  mortar  composed  of  one  (1)  part  hydraulic 
Portland  cement  to  two  (2)  parts  of  sand.  All  iron  castings 
shall  be  made  of  good  quality  of  gray  iron,  tough  and  of  even  grain, 
free  from  blow  or  sand  holes  or  defects.  The  castings  shall  be 
thoroughly  cleaned,  and  then  coated  with  coal  tar  pitch  heated 
to  two  hundred  (200)  degrees  Fahrenheit.  Iron  for  steps  in 
manholes  shall  bs  of  a  good  quality  of  wrought  iron,  free  from 
defects,  and  shall  be  heavily  galvanized. 


,      INITIATIVE,  REFERENDUM  AND  RECALL  157 

INITIATIVE,   REFERENDUM   AND   RECALL. 

The  procedure  for  exercising  the  initiative  and  referendum  is 
to  be  found  in  the  Statutes  of  1915,  at  page  319.  The  following 
is  a  synopsis  of  the  law: 

Initiative. 

Any  proposed  ordinance  may  be  submitted  to  the  board  of 
trustees  by  a  petition  containing  the  signatures  of  not  less  than 
ten  per  cent  of  the  electors;  the  signatures  need  not  be  appended 
to  one  paper.  Each  signer  must  add  his  place  of  residence,  occu- 
pation, and  date  of  signing  (see  Pol.  C.  1083A),  giving  the  street 
and  number,  if  any. 

Each  separate  paper  must  have  an  affidavit  attached  certifying 
to  the  genuineness  of  the  signatures.  The  proposed  ordinance 
must  be  set  forth  in  the  petition. 

Within  ten  days  after  filing  the  petition,  the  clerk  must  com- 
pare the  signatures  with  the  records  of  registration,  and  report 
to  the  board  of  trustees  on  the  sufficiency  of  the  petition.  If  not 
sufficient  the  proponents  may  file  a  supplemental  petition.  If 
found  sufficient  finally,  the  board  of  trustees  must  pass  the  ordi- 
nance without  alteration  within  ten  days  or  submit  it  to  the 
electors  at  the  next  regular  municipal  election.  If,  however,  the 
petition  is  signed  by  fifteen  per  cent  of  the  electors  and  contains 
a  request  that  it  be  submitted  forthwith,  the  board  of  trustees 
must  call  a  special  election  on  the  matter  at  once. 

Where  two  or  more  petitions  identical  in  language  are  circulated  and 
signed,  and  to  make  the  required  number  of  names  the  signatures  on  one 
or  more  are  cut  off  and  pasted  onto  a  single  petition  which  is  presented, 
the  board  has  no  authority  to  order  the  election.  (People  v.  Town  of 
Berkeley,  102  Cal.  298.) 

The  duty  and  power  of  determining  the  sufficiency  of  the  petition 
devolves  upon  the  clerk,  and  if  he  has  certified  the  same,  in  the  absence 
of  any  showing  of  fraud  or  mistake,  the  functions  of  the  board  of  trustees 
are  simply  ministerial  and  they  must  adopt  the  ordinance  or  fix  the  time 
for  the  election.  (Locher  v.  Walsh,  17  Cal.  App.  727.) 

No  name  can  be  withdrawn  from  a  petition  after  the  clerk  has  certified 
to  its  sufficiency.  (Locher  v.  Walsh,  17  Cal.  App.  727.) 

The  initiative  and  referendum  powers  reserved  to  the  people  under 
section  1,  article  4  of  the  Constitution  applies  only  to  those  acts  of  the  city 
council  which  are  legislative  in  character. 

Contracts  made  by  a  city  council  for  the  purchase  of  supplies  such  as 
printing,  gas,  water,  electricity  or  furniture,  are  acts  of  administration  or 
executive  acts  and  not  subject  to  the  referendum.  (Hopping  v.  Council 
of  City  of  Richmond,  170  Cal.  605.) 

Referendum. 

All  ordinances  are  subject  to  the  referendum  and  do  not  go 
into  effect  before  thirty  days  from  their  final  passage,  except 
ordinances  calling  an  election  or  otherwise  specially  required  by 
the  laws  of  the  state,  or  except  an  ordinance  for  the  immediate 


158  INITIATIVE,  REFERENDUM  AND  RECALL 

preservation  of  the  public  peace,  health  and  safety  which  contains 
a  declaration  of  the  facts  constituting  its  urgency  and  is  passed 
by  a  four-fifths  vote. 

In  order  to  invoke  the  referendum  against  an  ordinance,  a  peti- 
tion, signed  by  not  less  than  ten  per  cent  of  the  electors  of  the 
city,  protesting  against  the  ordinance,  must  be  presented  to  the 
board  of  trustees,  whereupon  the  ordinance  is  suspended  from 
operation  and  the  board  of  trustees  must  reconsider  it;  if  the 
board  does  not  repeal  the  ordinance  it  must  be  submitted  to  the 
electors  at  a  regular  or  special  election.  The  clerk  must  examine 
and  report  on  the  sufficiency  of  the  petition  as  in  the  case  of  the 
initiative. 

A  license  ordinance  may  be  a  matter  affecting  the  public  peace  and 
therefore  not  subject  to  the  referendum.  (Los  Angeles  Gas  4  Electric 
Corporation  v.  City  of  Los  Angeles,  163  Cal.  621.) 

The  Recall. 
(Stats.  Ex.  Sessions  1911,  p.  128.) 

The  holder  of  any  elective  office  may  be  recalled  providing  he 
has  held  the  office  at  least  six  months.  A  petition  demanding 
the  election  of  a  successor  to  the  person  sought  to  be  removed 
shall  be  filed  with  the  clerk.  It  must  be  signed  by  twenty-five 
per  cent  of  the  voters,  and  contain  a  statement  of  the  grounds 
on  which  the  removal  or  recall  is  sought.  The  requirements  as 
to  signing  and  examination  by  the  clerk  are  the  same  as  in  the 
case  of  an  initiative  petition,  and  a  similar  affidavit  must  accom- 
pany each  paper. 

If  the  petition  is  found  sufficient,  the  trustees  must  forthwith 
call  a  special  election  to  determine  the  matter;  provided  that  it 
may  be  deferred  if  a  general  election  is  to  be  held  within  sixty 
days.  One  petition  is  sufficient  for  the  removal  of  one  or  more 
officials.  Nominations  to  fill  the  office  may  be  made  as  prescribed 
by  Sec.  1188  of  the  Political  Code.  Both  the  petitioners  and  the 
officer  sought  to  be  recalled  may  prepare  arguments  in  not  more 
than  two  hundred  words  each,  which  shall  be  printed  on  the  sample 
ballots.  The  names  of  the  persons  nominated  to  fill  the  office 
shall  also  be  printed  on  the  ballot  underneath  the  question, 

"Shall be  recalled  from  the  office  of " 

"Yes"  and  "No."  If  a  majority  vote  in  favor  of  the  recall  the 
officer  shall  be  deemed  removed,  and  the  person  receiving  the 
highest  number  of  votes  for  the  office  is  elected  to  the  vacancy. 

NOTK. — Approved  forms  (complete)  necessary  for  initiative,  referendum 
and  recalj  proceedings,  including  all  petitions,  affidavits,  etc.,  together 
with  full  instructions,  will  be  mailed  to  any  officer  of  a  city  belonging  to 
the  League,  free  of  charge.  A  charge  of  (25.00  per  set  will  be  made  to  towns 
not  members  of  the  League. 


MUNICIPAL  HEALTH  OFFICERS. 

LOCAL  BOARDS  OF  HEALTH  AND  HEALTH  OFFICERS. 


ESTABLISHMENT  AND   ORGANIZATION. 

Constitutional  provision — Local  health  boards. 

Any  county,  city,  town,  or  township  may  make  and  enforce 
within  its  limits  all  such  local,  police,  sanitary,  and  other  regu- 
lations as  are  not  in  conflict  with  general  laws.  (Constitution, 
Art.  XI,  Sec.  11.) 

Boards  of  health  in  cities  and  towns — Board  of  health  to  be  estab- 
lished in  towns  and  cities. 

SBC.  3061.  The  board  of  trustees,  council  or  other  legislative 
body,  by  whatever  name  known,  of  any  incorporated  city  or  town 
of  this  state,  shall  by  ordinance  adopt  for  the  regulation  of  sanitary 
matters  within  the  city  or  town,  such  rules  and  regulations  relative 
thereto  as  are  necessary  and  proper,  and  not  contrary  to  law,  and 
shall  supervise  all  matters  pertaining  to  the  sanitary  condition 
of  the  city  or  town;  provided,  that  no  part  of  this  section  shall  be 
construed  to  prevent  the  appointment  by  the  board  or  council  or 
other  legislative  body  of  a  board  of  health  which  shall  be  advisory 
to  the  health  officer. 

Every  such  board  or  council  or  other  legislative  body  shall 
appoint  a  health  officer  who  shall  receive  for  his  services  such 
compensation  as  may  be  determined  by  said  appointing  body 
and  shall  hold  office  at  its  pleasure.  Immediately  after  the 
appointment  of  the  health  officer  the  board  or  council  shall  notify 
the  secretary  of  the  state  board  of  health  of  the  appointment  and 
the  name  and  address  of  the  appointee. 

Each  health  officer  of  an  incorporated  city  or  town  must: 

First — -Enforce  and  observe — 

(a)  All  orders  and  ordinances  of  the  board  of  trustees  or  council 
of  his  city  or  town  pertaining  to  health  and  sanitary  matters. 

(b)  All  orders,  quarantine  regulations  and  rules  prescribed  by 
the  state  board  of  health. 

(c)  All  statutes  relating  to  the  public  health  and  to  vital 
statistics. 

Second — -Report  to  the  secretary  of  the  state  board  of  health 
at  Sacramento  at  such  times  as  the  state  board  may  require: 

(a)  The  sanitary  condition  of  his  locality. 

(b)  The  number  of  deaths,  with  the  cause  of  each,  as  near  as 
can  be  ascertained,  within  his  jurisdiction  during  the  preceding 
month. 


160  HEALTH  LAWS 

(c)  The  presence  of  epidemic  or  other  dangerous  contagious, 
or  infectious  diseases  and  such  other  matters  within  his  knowledge 
or  jurisdiction  as  the  state  board  may  require.  (Pol.  Code;  1917 
amendment.) 

POWERS  AND  DUTIES 
Certain  diseases  to  be  reported. 

SBC.  2979a.  It  is  the  duty  of  each  coroner,  and  of  every  county, 
city  and  county,  city  or  town  health  officer,  knowing  or  having 
reason  to  believe,  that  any  case  of  cholera,  plague,  yellow  fever, 
malaria,  leprosy,  diphtheria,  scarlet  fever,  smallpox,  typhus  fever, 
typhoid  fever,  para-typhoid  fever,  anthrax,  glanders,  epidemic 
cerebrospinal  meningitis,  tuberculosis,  pneumonia,  dysentery, 
erysipelas,  uncinariasis  or  hookworm,  trachoma,  dengue,  tetanus, 
measles,  German  measles,  chickenppx,  whooping  cough,  mumps, 
pellagra,  beriberi,  Rocky  Mountain  spotted  (or  tick)  fever, 
syphilis,  gonococcus  infection,  rabies,  poliomyelitis,  or  any  other 
contagious  or  infectious  disease  exists,  or  has  recently  existed, 
within  the  city,  county,  city  and  county,  town,  or  township  of 
which  he  is  such  officer,  to  take  such  measures  as  may  be  necessary 
to  prevent  the  spread  of  such  disease,  and  to  report  at  once  in 
writing  such  cases  to  the  secretary  of  the  state  board  of  health  at 
Sacramento. 

It  is  also  the  duty  of  every  attending  or  consulting  physician, 
nurse,  or  other  person  having  charge  of  or  caring  for  any  person 
afflicted  with  any  of  said  contagious  diseases,  to  report  at  once  in 
writing  to  the  local  health  officer  the  nature  of  the  disease,  the 
name  of  the  person  afflicted  and  the  place  of  his  or  her  confine- 
ment; provided,  however,  that  syphilis  and  gonococcus  infection 
shall  be  reported  by  office  number  only;  provided,  further,  that 
official  records  of  tuberculosis  cases  shall  be  for  official  use  only  and 
not  open  to  private  inspection. 

The  state  board  of  health,  or  its  secretary,  upon  being  informed 
of  any  such  contagious  or  infectious  disease,  may  thereupon  take 
such  measures  as  may  be  necessary  to  ascertain  the  nature  of  such 
disease  and  prevent  the  spread  of  such  contagion,  and  to  that  end, 
said  state  board  of  health,  or  its  secretary,  may,  if  deemed  proper, 
take  possession  or  control  of  the  body  of  any  living  person,  or  the 
corps  of  any  deceased  person,  and  may  direct  and  take  such  means 
as  may  be  deemed  expedient  to  arrest  or  prevent  the  further  spread 
of  such  disease.  (Pol.  Code;  1917  amendment.) 

Local  officers  to  enforce  rules — Reports. 

SEC.  2984.  It  shall  be  the  duty  of  the  health  officer  of  each 
municipality  and  incorporated  town  within  this  state  to  enforce 
within  such  municipality  and  incorporated  town  all  orders,  rules, 
and  regulations  concerning  health  and  quarantine,  and  the  regis- 
tration, certification,  and  reporting  of  births,  marriages  and 


HEALTH  LAWS  161 

deaths,  as  prescribed  or  directed  by  the  state  board  of  health,  and 
it  shall  be  the  duty  of  such  health  officer  to  report  in  writing  to 
the  state  board  of  health  at  such  times  as  said  board  shall  require, 
all  infectious,  contagious  and  communicable  diseases  in  man  or 
beast  which  shall  come  to  his  knowledge,  upon  blanks  furnished 
by  the  state  board  of  health.  Said  health  officer,  in  cases  of  local 
epidemic  of  disease  shall  report  to  the  state  board  of  health  all 
facts  concerning  the  disease  and  the  measures  taken  to  prevent 
or  abate  its  spread,  infection,  or  contagion.  Every  such  health 
officer  shall  strictly  observe  and  enforce  within  such  municipality 
or  incorporated  town  the  provisions  of  "An  act  for  the  registration 
of  deaths,  the  issuance  and  registration  of  burial  and  disinterment 
permits  and  the  establishment  of  registration  districts  in  counties, 
cities  and  counties,  cities  and  incorporated  towns,  under  the 
superintendence  of  the  state  bureau  of  vital  statistics  and  pre- 
scribing the  powers  and  duties  of  registrars,  coroners,  physicians, 
undertakers,  sextons  and  other  persons  in  relation  to  such  regis- 
tration and  fixing  penalties  for  the  violation  of  this  act,"  approved 
March  18,  1905,  and  also  the  provisions  of  chapter  three  of  title 
seven  of  part  three  (sections  three  thousand  seventy-four  to  three 
thousand  eighty-four)  of  the  Political  Code  of  the  State  of  Cali- 
fornia relating  to  the  registration,  certification  and  reporting  of 
marriages,  births,  and  deaths,  and  shall  promptly  report  to  the 
state  board  of  health  all  violations  of  the  state  health  laws  and  of 
the  law  relating  to  the  registration,  certification  and  reporting  of 
marriages,  births  and  deaths  which  shall  come  to  his  knowledge. 
(Pol.  Code;  1917  amendment.) 

Health  officers — powers,  duties  and  compensation. 

SEC.  4225a.  The  board  of  supervisors  of  any  county  wherein  a 
county  health  officer  has  been  appointed  under  the  provisions  of 
section  four  thousand  two  hundred  twenty-five  of  the  Political 
Code  shall  have  power  to  contract  with  any  incorporated  city  or 
town  or  chartered  city  within  such  county,  and  such  incorporated 
city,  town  or  chartered  city  therein,  through  its  board  of  trustees, 
council  or  other  legislative  body,  shall  have  power  to  contract 
with  such  county  for  the  performance  by  health  officers  or  other 
employees  of  health  departments  of  any  or  all  functions  relating 
to  public  health.  Whenever  such  contract  has  been  duly  entered 
into,  the  county  health  officer  and  his  deputies  shall  thereupon 
exercise  the  same  powers  and  duties  within  such  city  or  town  or 
chartered  city  as  are  conferred  upon  health  officers  thereof  by 
state  law  and  local  ordinance  within  such  city  or  county.  In  any 
such  contract  the  city,  town  or  chartered  city  shall  have  power  and 
authority  to  provide  for  the  payment  by  such  incorporated  city 
or  town  or  chartered  city  to  the  county  of  such  consideration  as 


162  HEALTH  LAWS 

may  be  agreed  upon,  the  same  to  be  paid  to  the  county  treasurer 
of  the  county. 

The  board  of  supervisors  of  any  county  may  contract  with  any 
incorporated  city  or  town  or  chartered  city  within  such  county, 
through  its  board  of  trustees,  council  or  other  legislative  body, 
to  secure  the  performance  by  the  health  officer  or  other  health 
department  employees  of  such  city,  town  or  chartered  city,  or  in 
any  unincorporated  territory  adjacent  thereto,  of  any  or  all  func- 
tions relating  to  public  health.  Payment  for  said  services  in  such 
unincorporated  territory  shall  be  made  by  the  county  to  the  city 
treasurer  of  such  city  or  town  or  chartered  city. 

Said  contracts  may  further  provide  for  the  care  and  support, 
including  medical  attendance,  of  indigent  sick,  and  for  compen- 
ation  therefor.  (Pol.  Code;  1919  enactment.) 

Public  health  nurses  may  be  employed  by  incorporated  towns. 

SEC.  3062.  The  board  of  trustees,  council  or  other  corre- 
sponding board  of  any  incorporated  town  or  city  of  this  state  may 
employ  one  or  more  public  health  nurses,  each  of  whom  shall  be 
a  registered  nurse  possessing  such  qualifications  as  may,  at  the 
date  of  her  employment,  be  prescribed  by  the  state  board  of  health. 
The  public  health  nurse  shall  attend  to  such  matters  pertaining  to 
the  health  and  sanitary  conditions  of  the  town  or  city  wherein 
she  is  employed,  as  the  board  of  trustees,  council  or  other  corre- 
sponding board  may,  from  time  to  time,  assign  to  her,  and  shall 
receive  such  compensation  as  may  be  determined  by  said  board. 
(Pol.  Code,  1919  enactment.) 

Mosquito  abatement  districts. 

They  may  include  municipalities  and  unincorporated  territory. 

For  method  of  organization,  powers  and  duties,  see  1917  Statutes, 
page  791. 

VACCINATION  ACT. 

(Statutes  1911,  p.  295.) 

Synopsis. 

This  act  provides  that  within  five  days  after  being  enrolled 
in  school,  every  child  must  file  a  certificate  of  vaccination,  or  a 
statement  of  the  parent  or  guardian  in  writing  that  such  parent 
or  guardian  is  conscientiously  opposed  to  vaccination,  or  in  lieu 
thereof  a  physician's  certificate  to  the  effect  that  the  child  is 
not  physically  able  to  stand  vaccination.  The  children  failing 
to  file  such  certificate  or  statement  shall  be  excluded  from  school. 
Whenever  smallpox  exists  in  the  vicinity  the  unvaccinated  children 
shall  be  excluded  from  school. 

Every  person  violating  any  of  the  provisions  of  the  act  shall 
be  guilty  of  a  misdemeanor  and  punished  by  a  fine  of  not  less  than 
$25.00  nor  more  than  $300.00. 


HEALTH  LAWS  163 

RABIES  PREVENTION  ACT. 

(Statutes  1913,  p.  783.) 
Synopsis. 

This  act  provides  that  whenever  the  state  board  of  health 
finds  that  the  rabies  or  some  other  animal  disease  dangerous  to 
man  exists  in  a  locality,  a  quarantine  shall  be  declared  against 
all  such  animals  in  such  locality,  and  that  it  shall  be  the  duty 
of  all  peace  officers  and  boards  of  health  to  carry  out  the  provis- 
ions of  the  act  and  the  enforcement  of  the  quarantine. 

For  the  purpose  of  providing  funds  to  pay  the  expenses  incurred 
in  connection  with  the  eradication  of  diseases  included  under  this 
act,  a  special  fund,  to  be  known  as  the  rabies  treatment  and 
eradication  fund,  is  hereby  created  for  each  county,  city  and 
county,  or  incorporated  city  or  town  in  the  State  of  California. 
All  moneys  collected  in  accordance  with  the  following  procedure 
shall  be  deposited  to  the  credit  of  this  fund  with  the  treasurer 
of  the  county,  city  and  county,  or  incorporated  city  or  town; 
provided,  that  funds  now  collected  from  any  dog  tax  may  continue 
to  be  collected  and  used  for  other  purposes  specified  by  local 
ordinances. 

Upon  the  determination  by  the  state  board  of  health  that 
rabies  does  exist  in  any  county,  city  and  county,  or  incorporated 
city  or  town,  a  special  dog  license  tax  shall  immediately  become 
effective,  unless  a  dog  tax  is  already  in  force  the  funds  from  which 
are  available  for  the  payment  of  expenditures  in  accordance  with 
the  provisions  of  this  act.  This  tax  shall  be  levied  as  follows: 
An  annual  tax  of  one  dollar  and  fifty  cents  for  each  male,  two 
dollars  and  fifty  cents  for  each  female,  and  one  dollar  and,  fifty 
cents  for  each  neuter  dog,  the  same  to  be  collected  by  the  proper 
authority  at  the  same  time  and  in  the  same  manner  as  other  taxes 
are  collected;  provided,  however,  that  there  shall  be  collected 
at  the  first  collection  such  proportion  of  the  annual  tax  as  corres- 
ponds to  the  number  of  months  the  tax  has  been  in  operation  plus 
one  year  advance  payment.  After  this  dog  license  tax  has  been 
established  in  a  county,  city  and  county,  or  incorporated  city  or 
town,  it  shall  be  continued  in  force  until  an  order  has  been  issued 
by  the  state  board  of  health  declaring  that  county,  or  such  por- 
tion of  that  county  as  may  be  deemed  advisable,  to  be  free  from 
rabies  or  further  danger  of  its  spread. 

One-half  of  all  fines  collected  by  any  court  or  judge  for  viola- 
tions of  the  provisions  of  this  act  shall  be  placed  to  the  credit 
of  the  rabies  treatment  and  eradication  fund  of  the  county,  city 
and  county,  incorporated  city  or  town  in  which  the  violation 
occurred. 


164  HEALTH  LAWS 

EXTERMINATION  OF  RODENTS. 

(Statutes  1909,  p.  311.) 
Synopsis. 

This  act  makes  it  the  duty  of  every  person,  firm  or  corporation 
owning  or  controling  property,  to  exterminate  all  rats,  mice, 
gophers  or  ground  squirrels. 

The  legislative  bodies  of  cities  and  counties  are  authorized  to 
expend  any  money  necessary  for  poisons,  traps  or  other  materials 
required  for  their  extermination,  and  they  may  also  employ  and 
pay  inspectors  to  prosecute  the  work  of  extermination.  In  case 
any  person,  firm  or  corporation  fails  or  refuses  to  take  the  neces- 
sary steps  to  exterminate  the  rodents  on  their  property,  it  shall 
be  the  duty  of  the  state  and  local  board  of  health  and  health 
officer  to  take  whatever  measures  are  necessary  to  abate  the 
nuisance,  whereupon  the  expense  involved  shall  become  a  lien 
on  the  property,  subject  to  foreclosure  within  ninety  days. 

OPHTHALMIA. 

(Act  approved  June  11,  1915;  Statutes  1915,  p.  1431.) 
Synopsis. 

.  Any  condition  of  the  eye,  or  eyes,  of  any  infant  in  which  there 
is  any  inflammation,  swelling  or  redness  in  either  one  or  both 
of  eyes  of  any  such  infant,  either  apart  from  or  together  with  any 
unnatural  discharge  from  the  eye,  or  eyes,  of  any  such  infant, 
at  any  time  within  two  weeks  after  its  birth,  shall,  independent 
of  the  nature  of  the  infection,  for  the  purpose  of  this  act,  be  called 
ophthalmia  neonatorum. 

It  shall  be  the  duty  of  any  physician,  surgeon,  obstetrician, 
midwife,  nurse,  maternity  home  or  hospital  to  report  all  cases 
to  the  local  health  officer  within  twenty-four  hours,  failure  -to 
do  so  constituting  a  misdemeanor  punishable  by  a  fine  of  fifty 
dollars  for  the  first  offense,  one  hundred  dollars  for  the  second 
and  two  hundred  dollars  for  the  third  offense.  A  further  offense 
shall  be  sufficient  cause  for  a  revocation  of  the  license  of  the 
physician,  midwife  or  other  person  professionally  employed. 

STERILIZATION  OF  WIPING  RAGS. 
(Statutes  1913,  p.  86.) 

Every  person  or  corporation  who  supplies  or  furnishes  to  his 
or  its  employees  for  wiping  rags,  or  who  sells  or  offers  for  sale 
for  wiping  rags,  any  soiled  wearing  apparel,  underclothing,  bed- 
ding, or  parts  of  soiled  or  used  underclothing,  wearing  apparel, 


HEALTH  LAWS  165 

bedclothes,  bedding  or  soiled  rags  and  cloths,  unless  the  same 
have  been  sterilized  by  a  process  of  boiling  for  forty  minutes  in 
a  solution  containing  five  per  cent  of  caustic  soda,  and  unless 
before  such  boiling,  the  sleeves,  legs  and  bodies  of  garments  are 
ripped  and  made  into  flat  pieces,  is  guilty  of  a  misdemeanor. 

Wiping  rags  within  the  meaning  of  this  act  are  cloths  and  rags 
used  for  wiping  and  cleaning  machinery,  automobiles,  cars,  car- 
riages, windows,  and  furniture,  and  generally  used  for  cleaning 
purposes  in  industrial  employments. 

Each  county,  city  and  county,  city  and  town,  may  regulate 
the  business  of  laundering,  sterilizing,  and  selling  wiping  rags. 

PUBLIC  NUISANCES. 
Definition. 

SEX:.  370.  Anything  which  is  injurious  to  health,  or  is  indecent, 
or  offensive  to  the  senses,  or  an  obstruction  to  the  free  use  of 
property,  so  as  to  interfere  with  the  comfortable  enjoyment  of 
life  or  property  by  an  entire  community  or  neighborhood,  or  by 
any  considerable  number  of  persons,  or  unlawfully  obstructs  the 
free  passage  or  use,  in  the  customary  manner,  of  any  navigable 
lake,  or  river,  bay,  stream,  canal,  or  basin,  or  any  public  park, 
square,  street,  or  highway,  is  a  public  nuisance.  (Penal  Code.) 

Spitting  prohibited,  where. 

SEC.  372a.  It  shall  be  a  misdemeanor  for  any  person  to  dis- 
charge mucus  from  the  nose  or  mouth  or  spit  upon  any  sidewalk, 
of  any  public  street  or  highway  or  upon  any  part  of  any  public 
building  or  railroad  train,  street-car,  stage,  ferryboat,  steamer, 
boat  or  other  vessel  or  vehicle  used  for  the  transportation  of 
the  public.  (Penal  code,  1907  enactment.) 

Penalty. 

SEC.  373a.  Every  person  who  maintains,  permits,  or  allows 
a  public  nuisance  to  exist  upon  his  or  her  property  or  premises, 
and  every  person  occupying  or  leasing  the  property  or  premises 
of  another  who  maintains,  permits,  or  allows  a  public  nuisance 
to  exist  thereon,  after  reasonable  notice  in  writing  from  a  health 
officer  or  district  attorney  to  remove,  discontinue  or  abate  the 
same  has  been  served  upon  such  person,  is  guilty  of  a  misdemeanor, 
and  shall  be  punished  accordingly;  and  the  existence  of  such 
nuisance  for  each  and  every  day  after  the  service  of  such  notice 
shall  be  deemed  a  separate  and  distinct  offense,  and  it  is  hereby 
made  the  duty  of  the  district  attorney  to  prosecute  all  persons 
guilty  of  violating  this  section  by  continuous  prosecutions  until 
the  nuisance  is  abated  and  removed.  (Penal  Code.) 


166  HEALTH  LAWS 

Lien  for  sewer  connections  made  by  city. 

SEC.  1191a.  Any  health  officer  or  governing  board  of  any  city, 
town  or  sanitary  district,  having  served  written  notice  upon  the 
owner  or  reputed  owner  of  real  estate  upon  which  there  is  a  dwelling 
house,  and  such  owner  or  reputed  owner,  after  thirty  days,  having 
refused,  neglected  or  failed  to  connect  such  dwelling  house,  to- 
gether with  all  toilets,  sinks,  and  other  plumbing  therein, 
properly  vented,  and  in  a  sanitary  manner,  with  the  adjoining 
street  sewer,  may  construct  the  same  at  a  reasonable  cost,  and 
the  person  doing  said  work  at  the  request  of  such  health  officer 
or  governing  board,  has  a  lien  upon  said  real  estate  for  his  work 
done  and  materials  furnished,  and  such  work  done  and  materials 
furnished  shall  be  held  to  have  been  done  and  furnished  at  the 
instance  of  such  owner  or  reputed  owner,  or  -person  claiming  or 
having  any  interest  therein.  (Code  of  Civil  Procedure,  1909 
enactment.) 

Unlawful  to  discharge  sewage  into  streams  or  bays. 

Any  county,  city  and  county,  city,  town,  village,  district, 
community,  institution,  person,  firm  or  corporation,  who  shall 
deposit,  discharge  or  continue  to  deposit  or  discharge,  into  any 
stream,  river,  lake,  or  trituitory  thereof,  or  into  any  other  waters, 
used  or  intended  to  be  used  for  human  or  animal  consumption 
or  for  domestic  purposes,  or  into  or  upon  any  place  the  surface 
or  subterranean  drainage  from  which  may  run  or  percolate  into 
any  such  stream,  river,  lake,  tributary  or  other  waters,  or  into 
any  of  the  salt  waters  within  the  jurisdiction  of  this  state,  any 
sewage,  sewage  effluent  or  other  substance  by  the  terms  of  sec- 
tion 2  of  this  act  forbidden  so  to  be  deposited  or  discharged, 
without  having  an  unrevoked  permit  so  to  do,  as  in  this  act  pro- 
vided, may  be  enjoined  from  so  doing  by  any  court  of  competent 
jurisdiction  at  the  suit  of  any  person  or  municipal  corporation 
whose  supply  of  water  for  human  or  animal  consumption  or  for 
domestic  purposes  is  taken  from  such  stream,  river,  or  other 
running  water  at  a  point  below  the  place  of  such  discharge  or 
deposit,  or  from  such  lake,  or  at  the  suit  of  the  State  of  California, 
or  at  the  suit  of  any  municipality,  community,  county,  or  city 
and  county,  any  of  the  residents  of  which  shall  take  water 
from  such  stream,  river  or  other  running  water,  and  if  it  shall 
determine,  as  a  fact,  that  the  substance  discharged  or  deposited 
by  virtue  thereof  causes  a  contamination  or  pollution  that  en- 
dangers the  lives  or  health  of  human  beings  or  animals,  or  con- 
stitutes a  menace  to  public  health.  The  state  board  of  health 
and  its  inspectors  shall  at  any  and  all  times  have  full  power  and 
authority  to  and  shall  be  permitted  to,  enter  into  and  upon  any 
and  all  enclosures  and  structures  for  the  purpose  of.  (Public 
Health  Act,  1913,  Statutes,  p.  796.) 


HEALTH  LAWS  167 

PUBLIC  HEALTH  ACT. 

(Approved  March  23,  1907;   amended  1911,  1913;   Statutes  1907, 
p.  893;  1911,  p.  565;  1913,  p.  796.) 

Synopsis,  giving  procedure  in  case  of  contagious  or  communica- 
ble diseases. 

Said  health  officer  shall  report  to  the  state  board  of  health  all 
violations  of  the  state  health  laws  and  all  violations  of  the  state 
laws  relating  to  registration  of  births,  marriages,  and  deaths, 
which  shall  come  to  their  knowledge. 

Every  county  health  officer,  and  every  city  and  county,  city, 
or  town  board  of  health,  or  chief  executive  health  officer  thereof, 
shall  report  in  writing  to  the  state  board  of  health  regularly  on 
or  before  the  fifth  day  of  each  month,  and  also  whenever  requested 
by  the  state  board  of  health,  or  its  secretary,  all  infectious,  con- 
tagious and  communicable  diseases  in  man  or  beast  which  shall 
come  to  his  knowledge,  upon  blanks  furnished  by  the  state  board 
of  health;  and  he  shall,  in  cases  of  local  epidemic  of  disease, 
report  at  such  times  as  shall  be  requested  by  the  state  board  of 
health,  or  its  secretary,  all  facts  concerning  the  disease,  and  the 
measures  taken  to  abate  and  prevent  its  spread. 

Quarantine  rules. 

SEC.  13.  The  following  rules  and  requirements  shall  be  strictly 
observed  in  all  cases  of  quarantine,  subject,  however,  to  such 
changes  and  modifications  as  the  state  board  of  health,  or  its 
secretary,  may  otherwise  require  and  direct: 

Rule  1.  Every  county,  city  and  county,  city,  or  town  board 
of  health,  or  chief  executive  health  officer  thereof,  upon  receiving 
information  of  the  existence  of  such  diseases  within  its  or  his 
jurisdiction,  must  immediately  quarantine  each  and  every  case 
of  Asiatic  cholera,  yellow  fever,  typhus  fever,  plague,  smallpox, 
scarlet  fever,  diphtheria,  (and  such  other  contagious  or  infectious 
diseases)  as  may,  from  time  to  time  be  declared  quarantinable, 
and  in  addition  to  their  local  rules  and  regulations  shall  follow 
all  general  and  special  rules,  regulations,  and  orders  of  the  state 
board  of  health,  or  its  secretary. 

Said  health  boards  or  officers  must,  within  twenty-four  hours 
after  quarantine,  report  fully,  in  writing,  to  the  secretary  of  the 
state  board  of  health,  all  of  such  cases  quarantined;  provided, 
however,  that  said  health  officers  shall  immediately  report  by 
telegraph  to  said  secretary  of  the  state  board  of  health  every 
case  discovered  or  known  of  plague,  Asiatic  cholera,  yellow  fever 
or  typhus  fever,  and  after  investigation  and  within  twenty-four 
hours  shall  report  the  cause,  source  and  extent  of  contagion  and 


168  HEALTH  LAWS 


infection,  and  all  acts  done  and  measures  adopted  in  each  case, 
and  shall  make  such  further  reports  as  the  secretary  of  the  state 
board  of  health  may  require. 

Rule  2.  In  addition  to  the  list  of  quarantinable  diseases  given 
in  rule  1  the  following  is  a  partial  list  of  contagious,  infectious 
and  communicable  diseases,  all  of  which,  though  not  required 
to  be  quarantined,  must  be  promptly  reported  in  writing  to  the 
state  board  of  health,  or  its  secretary,  by  the  said  local  health 
boards  or  chief  executive  health  officers,  viz:  chicken-pox,  ery- 
sipelas, pneumonia,  uncinariasis  or  hookworm,  epidemic  cerebro- 
spinal  meningitis,  trachoma,  whooping-cough,  mumps,  dengue, 
dysentery,  tuberculosis,  typhoid  fever,  tetanus,  malaria,  leprosy, 
measles,  German  measles,  glanders  and  anthrax  affecting  human 
beings,  rabies,  pellagra,  beriberi,  syphilis,  gonococcus  infection, 
and  poliomyelitis,  and  any  disease  which  appears  to  have  become 
epidemic. 

Rule  3.  When  any  building,  house,  structure,  or  part  thereof, 
or  tent  or  other  place,  is  quarantined  because  of  a  contagious, 
infectious  or  communicable  disease,  said  local  health  boards  or 
chief  executive  health  officer  shall  cause  to  be  firmly  fastened, 
in  the  most  conspicuous  place  upon  such  house,  building,  tent, 
or  other  place,  a  placard  or  flag,  upon  which  is  printed  the  name 
of  the  disease,  in  plain  and  legible  letters  at  least  two  and  one- 
half  inches  in  length.  This  placard  or  flag  must  not  be  removed 
by  any  person  except  the  health  officer  or  his  deputy,  and  in  no 
case  until  the  premises  have  been  thoroughly  disinfected. 

Rule  4.  When  persons  quarantined  in  a  house,  building,  struct- 
ure, tent,  or  other  place  have  recovered  from  the  disease  for  which 
the  quarantine  is  established,  or  when  the  quarantine  is  for 
exposure  to  a  contagious,  infectious  or  communicable  disease, 
and  the  period  of  incubation  designated  has  elapsed,  the  quaran- 
tine shall  not  be  raised  by  order  of  the  local  board  of  health  or 
local  health  officer  until  every  exposed  room,  together  with  all 
bedding,  clothing,  and  all  other  personal  property  contained 
therein,  has  been  thoroughly  disinfected,  or  if  necessary,  such 
personal  property  may  be  destroyed,  by  or  under  the  direction 
of  the  health  officer  or  his  deputy;  and  until  all  persons  quaran- 
tined shall  have  taken  a  thorough  antiseptic  bath  and  put  on 
clothing  free  from  contagion. 

Rule  5.  Whenever  quarantine  is  established  by  any  local  board 
of  health  or  health  officer  to  prevent  the  spread  of  any  contagious, 
infectious,  or  communicable  disease,  it  shall  be  the  duty  of  all 
persons  to  obey  the  rules,  orders  and  regulations  of  such  health 
board  or  health  officer. 


HEALTH  LAWS  169 

Rule  6.  No  milkman  shall  take  away  milk  bottles  or  other 
receptacles  for  milk  from  any  building,  house,  structure,  tent, 
or  other  place,  in  which  a  contagious,  infectious  or  communicable 
disease  exists  or  has  existed,  nor  from  any  place  within  any  quar- 
antined district,  nor  at  any  time  after  such  quarantine  has  been 
removed,  unless  with  the  written  permission  of  the  local  health 
officer,  and  after  such  milk  bottles  or  receptacles  have  been 
disinfected  and  cleaned  to  the  satisfaction  of  such  officer. 

Rule  7.  Whenever  there  exists  in  the  house  of  any  milkman, 
milk  dealer  or  milk  distributor,  any  case  of  cholera,  typhus  fever, 
plague,  scarlet  fever,  diphtheria,  membranous  croup,  leprosy, 
anthrax,  glanders,  cerebrospinal  meningitis,  whooping-cough, 
typhoid  fever,  dysentery,  trachoma  or  tetanus,  then  it  shall  be 
unlawful  for  such  milkman,  milk  dealer,  or  milk  distributor,  to 
continue  the  sale  or  distribution  of  milk  until  the  local  board  of 
health  or  chief  executive  health  officer  has  appointed  at  the 
expense  of  the  county  where  such  milkman,  dealer  or  distributor 
lives  a  person  to  superintend  his  cows,  dairy  or  other  place  where 
such  milk  is  sold,  or  from  which  it  is  delivered  or  distributed, 
and  all  cows,  bottles,  vessels  and  milk  utensils.  Such  person 
so  appointed  by  the  local  board  of  health,  or  chief  executive 
officer,  shall  strictly  require  that  all  persons  attending  to  the 
cows,  dairy,  sheds,  milk  cans,  bottles,  vessels,  and  milk  utensils, 
shall  not  have  access  to  the  infected  house,  nor  any  communica- 
tion with  the  persons  who  reside  in  such  infected  house,  except 
with  the  permission  and  under  the  inspection  of  the  local  health 
officer. 

Rule  8.  Every  person  subject  to  quarantine,  residing  or  being 
in  a  quarantined  building,  house,  structure  or  tent,  shall  not  go 
beyond  the  lot  upon  which  such  building,  house,  structure  or 
tent  is  situated,  nor  put  himself  in  immediate  communication 
with  any  person  not  subject  to  quarantine,  other  than  the  health 
officer  and  physician.  The  local  board  of  health  or  local  chief 
executive  health  officer  maintaining  a  quarantine  shall  appoint, 
or  cause  to  be  appointed  a  suitable  person  to  perform  necessary 
outside  services  for  the  necessary  wants  of  the  persons  quaran- 
tined. Such  person  so  appointed  shall  never  enter  the  building, 
house,  structure,  or  tent  nor  come  in  personal  contact  with  any 
of  tha  persons  quarantined,  but  shall  leave  at  the  entrance  of 
the  building,  house,  structure  or  tent,  or  at  such  other  place  as 
may  be  designated  by  the  health  officer  or  deputy,  all  articles 
which  he  may  have  brought,  and  he  shall  strictly  observe  the 
orders  of  the  local  health  officer.  (1911  amendment.) 


170  HEALTH  LAWS 


Infected  persons  not  to  attend  school. 

SEC.  17.  No  instructor,  teacher,  pupil,  or  child  affected  with 
any  contagious,  infectious,  or  communicable  disease  which  is  or 
might  be  the  subject  of  quarantine,  or  has  been  declared  reporta- 
ble,  or  who  resides  in  any  house,  building,  structure,  tent,  or 
other  place  where  such  disease  exists  or  has  recently  existed, 
shall  be  permitted,  by  any  superintendent,  principal  or  teacher 
of  any  college,  seminary,  public  or  private  school,  to  attend  such 
college,  seminary,  or  school,  except  by  the  written  permission 
of  the  local  health  officer. 


HEALTH  LAWS  171 

WATER  SUPPLY  AND  SEWAGE  DISPOSAL. 
(Statutes  1913,  p.  793;  1915,  p.  1282.) 

Permission  to  board  of  health  for  permission  to  supply  water. 

Whenever  any  person,  firm,  corporation,  public  utility,  munici- 
pality or  other  public  body,  institution,  or  corporation  shall  desire 
to  furnish  or  supply  or  continue  to  furnish  or  supply  water  for 
domestic  uses  or  purposes  to  any  person  in  any  county,  city  and 
county,  municipal  corporation,  village,  district,  community,  hotel, 
temporary  or  permanent  resort,  institution  or  industrial  camp,  it  or 
he  shall  file  as  herein  provided  with  the  state  board  of  health  a 
petition  for  permission  so  to  do,  together  with  a  statement  con- 
taining a  general  description  and  history  of  the  existing  or  pro- 
posed water  supply  system  of  distribution  showing  the  geographical 
location  thereof  with  relation  to  the  source  of  the  water  supply 
and  all  the  sanitary  and  health  conditions  surrounding  and  affect- 
ing said  supply  and  the  works,  system,  plant  and  distributing 
system,  such  general  statement  to  be  in  such  form  and  to  cover 
such  matters  as  the  state  board  shall  prescribe.  Thereupon  a 
thorough  investigation  of  the  proposed  or  existing  works,  system, 
plant,  water  supply  and  all  other  circumstances  and  conditions 
by  it  deemed  to  be  material  must  be  made  under  the  direction 
of  the  state  board  of  health;  and  provided,  further,  that  no  per- 
son, firm  or  corporation  supplying  water  for  domestic  purposes  or 
use  on  his  or  its  private  property  upon  which  there  is  no  industrial 
camp,  hotel,  temporary  or  permanent  resort  using  said  water,  or 
supplying  less  than  two  hundred  service  connections,  shall  be  re- 
quired to  apply  for  a  permit  under  the  provisions  of  this  section, 
except  upon  formal  complaint  filed  with  the  state  board  of  health 
by  a  person  receiving  such  water  or  by  some  duly  authorized 
public  officer. 

FOOD   SANITATION  ACT. 

(1909  Statutes,  p.  151.) 
Synopsis. 

This  act  requires  that  every  portion  of  a  building  used  as  a 
bakery,  confectionary,  cannery,  restaurant,  meat  market,  or 
other  place  used  for  the  preparation,  manufacture,  sale  or  dis- 
tribution of  food  be  conducted  with  a  strict  regard  to  the  public 
health. 
For  the  purposes  of  the  act  food  includes  drinks. 

It  describes  how  the  floors,  sidewalks,  ceilings,  furniture  and 
utensils  shall  be  kept  in  a  sanitary  condition.  The  doors,  windows 
and  all  other  openings  must  be  provided  with  wire  screens. 


172  HEALTH  LAWS 

Toilet  rooms  are  required  to  be  separate  and  apart  from  the  main 
rooms,  with  lavatories  and  washrooms  adjacent,  supplied  with 
running  water,  soap  and  towels.  Cuspidors  must  be  provided 
for  the  use  of  operatives  and  contain  not  less  than  five  ounces  of 
a  disinfectant  solution  while  in  use. 

No  person  shall  be  allowed  to  sleep  or  reside  in  a  place  where 
food  is  prepared  or  dispensed,  and  no  person  afflicted  with  dis- 
ease shall  be  allowed  to  work  in  such  a  place. 

All  local  health  officers  shall  have  full  power  to  enter  any  building 
or  portion  thereof  where  food  is  prepared  or  dispensed,  and  in 
case  the  law  is  being  violated,  the  health  officer  making  the  ex- 
amination shall  at  once  send  a  written  report  of  the  same  to  the 
district  attorney  of  the  county,  and  also  to  the  state  board  of 
health.  It  is  the  duty  of  the  district  attorney  to  prosecute  all 
persons  violating  any  of  the  provisions  of  this  -act. 

All  buildings,  rooms,  basements,  cellars,  and  other  places  and 
things,  kept,  maintained  or  operated,  in  violation  of  the  provis- 
ions of  this  act  or  any  of  them,  and  all  food  produced,  prepared, 
manufactured,  packed,  stored,  kept,  sold,  distributed  or  trans- 
ported in  violation  of  the  provisions  of  this  act  or  any  of  them, 
are  hereby  declared  to  be  public  nuisances,  dangerous  to  health. 
Such  nuisances  may  be  abated  or  enjoined,  in  an  action  brought 
for  that  purpose  by  the  local  or  state  board  of  health,  or  they 
may  be  summarily  abated  in  the  manner  provided  by  law  for 
the  summary  abatement  of  public  nuisances  dangerous  to  health. 

Any  person,  firm  or  corporation,  whether  as  principal  or  agent, 
employer  or  employee,  who  violates  any  of  the  provisions  of  this 
act  shall  be  guilty  of  a  misdemeanor,  and  each  day  that  condi- 
tions or  actions,  in  violation  of  this  act,  shall  continue,  shall  be 
deemed  to  be  a  separate  and  distinct  offense,  and  for  each  offense, 
upon  conviction,  he  shall  be  punished  by  a  fine  of  not  less  than 
twenty-five  dollars  nor  more  than  five  hundred  dollars,  or  shall 
be  imprisoned  in  the  county  jail  for  a  term  not  exceeding  six 
months,  or  by  both  such  fine  and  imprisonment. 


SANITATION  OF  SWIMMING  POOLS 
(Act  approved  April  6,  1917;  Statutes  1917,  p.  70.) 

Supervision  and  rules  and  regulations. 

SEC.  1.  The  state  board  of  health  shall  have  supervision  over 
the  sanitation,  healthfulness  and  cleanliness  and  safety  of  swim- 
ming pools,  bathhouses,  public  swimming  and  bathing  places  and 
all  related  appurtenances  and  is  hereby  empowered  to  make  and 
enforce  such  rules  and  regulations  pertaining  thereto  as  it  shall 
deem  proper. 


HEALTH  LAWS  173 

Application.    Investigation.    Permit  by  state  board  of  health. 

SEC.  2.  It  shall  be  unlawful  for  any  person,  persons,  firm, 
corporation,  institution  or  municipality  in  any  district,  town,  city, 
county,  or  city  and  county,  to  construct  or  to  add  to  or  modify, 
or  to  operate  or  to  continue  to  operate  any  swimming  pool,  public 
bathhouse,  bathing  or  swimming  place,  or  any  structure  intended 
to  be  used  for  swimming  or  bathing  purposes  without  an  unrevoked 
permit  so  to  do  from  the  state  board  of  health.  This  permit  shall 
be  obtained  in  the  following  manner:  any  person,  persons,  firm, 
corporation,  institution  or  municipality  desiring  to  construct,  add 
to  or  modify,  or  to  operate  and  maintain  any  swimming  pool,  public 
bathhouse,  bathing  or  swimming  places  or  structures  intended  to 
be  used  for  swimming  or  bathing  purposes  within  the  State  of 
California  shall  file  application  for  permission  so  to  do  with  the 
state  board  of  health,  which  application  shall  be  accompanied  by 
detailed  maps,  drawings,  specifications  and  description  of  the 
structure,  its  appurtenances  and  operation,  description  of  the 
source  or  sources  of  water  supply,  amount  and  quality  of  water 
available  and  intended  to  be  used,  method  and  manner  of  water 
purification,  treatment,  disinfection,  heating,  regulating  and 
cleaning:  life-saving  apparatus,  and  measures  to  insure  safety  of 
bathers;  measures  to  insure  personal  cleanliness  of  bathers;  method 
and  manner  of  washing,  disinfecting,  drying  and  storing  bathing 
apparel  and  towels,  and  all  other  information  and  statistics  that 
may  be  required  by  the  state  board  of  health;  whereupon,  the 
state  board  of  health  shall  cause  an  investigation  to  be  made  of  the 
proposed  or  existing  pool  or  public  bathing  places  and  if  it  shall 
determine  as  a  fact  that  the  same  is  or  may  reasonably  be  expected 
to  become  unclean  or  insanitary  or  may  constitute  a  menace  to 
public  health,  it  shall  deny  the  application  for  permit;  if  it  shall 
determine  as  a  fact  that  the  same  is  or  may  reasonably  be  expected 
to  be  conducted  continuously  in  a  clean  and  sanitary  manner  and 
will  not  constitute  a  menace  to  public  health,  it  shall  grant  the 
application  for  permit  under  such  restrictions  as  it  shall  deem 
proper. 

HOTEL   SANITATION 

(Act  approved  May  11,  1917;  Statutes  1917,  p.  432.) 
Hotel  defined. 

SEC.  1.  Every  building  or  structure,  kept  as,  used  as,  main- 
tained as,  or  advertised  as,  or  held  out  to  the  public  to  be,  a  place 
where  sleeping  or  rooming  accommodations  are  furnished  to  the 
public,  or  any  part  of  the  public,  whether  with  or  without  meals, 
shall,  for  the  purpose  of  this  act,  be  deemed  to  be  a  hotel,  and 
whenever  the  word  "hotel"  shall  occur  in  this  act,  it  shall  be 
deemed  to  include  lodging  house  and  rooming  house. 


174  HEALTH  LAWS 

Clean  bedding,  etc. 

SEC.  2.  All  bedding,  bedclothes,  or  bedcovering,  including 
mattresses,  quilts,  blankets,  sheets,  pillows  or  comforters,  used 
in  any  hotel  in  this  state  must  be  kept  clean  and  free  from  all  filth 
or  dirt;  provided,  that  no  bedding,  bedclothes  or  bedcovering, 
including  mattresses,  quilts,  blankets,  sheets,  pillows  or  comfor- 
ters, shall  be  used  which  is  worn  out  or  unfit  for  use  by  human 
beings  according  to  the  true  intent  and  meaning  of  this  act. 

Infected  rooms. 

SEC.  3.  Any  room  in  any  hotel  in  this  state  which  is  or  shall 
be  infected  with  vermin  or  bedbugs  or  similar  things,  shall  be 
thoroughly  fumigated,  disinfected  and  renovated  until  such  vermin 
or  bedbugs  or  other  similar  things  are  entirely  exterminated. 

Clean  rooms. 

SEC.  4.  Every  room  in  any  hotel  in  this  state  used  for  sleeping 
purposes,  must  be  kept  free  from  any  and  every  kind  of  dirt  or 
filth  of  whatsoever  nature,  and  the  walls,  floors,  ceilings  and  doors 
of  every  such  room  shall  be  kept  free  from  dirt. 

Proper  devices  for  ventilation. 

SEC.  5.  Every  room  in  any  hotel,  used  for  sleeping  purposes, 
shall  have  devices,  such  as  a  window  or  transom,  so  corstructed 
as  to  allow  for  proper  and  a  sufficient  amount  of  ventilation  ir> 
each  such  room. 

Size  of  sheets. 

SEC.  6.  Every  bed,  for  the  accommodation  of  any  person  or 
persons  or  guests,  kept  or  used  in  any  hotel  in  this  state,  must  be 
provided  with  a  sufficient  supply  of  clean  bedding  and  must  be 
provided  with  sheets  at  least  eighty-one  inches  wide  and  ninety- 
eight  inches  long;  provided,  however,  that  on  every  single  bed 
there  shall  be  sheets  at  least  fifty  inches  wide  and  ninety-eight 
inches  long.  Every  bed  shall  be  supplied  with  clean  sheets  and 
pillow  slips  as  often  as  assigned  to  a  different  person. 

Towels. 

SEC.  7.  Every  hotel,  within  this  state,  having  a  public  wash- 
stand  or  washbowl,  where  different  persons  gather  to  wash  them- 
selves, must  keep  a  sufficient  supply  of  clean  individual  towels 
for  the  use  of  such  persons  within  easy  access  of  or  to  such  persons 
and  in  plain  sight  and  view. 

Misdemeanor. 

SEC.  8.  Every  owner,  manager,  lessee  or  other  person  in  charge 
of  any  hotel  in  this  state  who  shall  fail  to  comply  with  this  act 
whether  through  the  acts  of  his  agents  or  employees,  or  otherwise, 
shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall  be 


HEALTH  LAWS  175 

fined  not  more  than  two  hundred  dollars  or  shall  be  imprisoned  for 
not  more  than  three  months;  and  every  day  that  any  hotel  shall 
be  kept  in  violation  of  any  of  the  provisions  of  this  act  such  keeping 
shall  constitute  a  separate  offense. 

Enforcement. 

SEC.  9.     It  shall  be  the  duty  of  the  state  board  of  health  and 
local  health  officers  to  enforce  the  provisions  of  this  act. 
Other  than  hotels. 

SEC.  10.  Nothing  in  this  act  shall  be  construed  to  include  cots 
or  bunks  where  the  same  are  used  in  places  other  than  in  hotels. 

COMMON  DRINKING   CUP. 

(Act  approved  June  1,  1917;  Statutes  1917,  p.  1517.) 
Common  use. 

SEC.  1.  It  shall  be  unlawful  for  any  person,  firm  or  corporation 
conducting,  having  .charge  of,  or  control  of,  any  hotel,  restaurant, 
Baloon,  soda  fountain,  store,  theater,  public  hall,  public  or  private 
school,  church,  hospital,  club,  office  building,  park,  playground, 
lavatory  or  washroom,  barber  shop,  railroad  train,  boat,  or  any 
other  public  place,  building,  room  or  conveyance,  to  provide  or 
expose  for  common  use,  or  permit  to  be  so  provided  or  exposed, 
or  to  allow  to  be  used  in  common,  any  cup,  glass,  or  other  recep- 
tacle used  for  drinking  purposes. 

Common  use  defined. 

SEC.  2.  For  the  purposes  of  this  act  the  term  "common  use" 
when  applied  to  a  drinking  receptacle  shall  be  defined  as  its  use 
for  drinking  purposes  by,  or  for,  more  than  one  person  without 
its  being  thoroughly  cleansed  and  sterilized  in  boiling  water  or 
steam  between  consecutive  uses  thereof;  provided,  that  nothing 
in  this  act  is  to  be  construed  as  prohibiting  the  use  of  cups  or 
devices  for  individual  use  only;  provided,  further,  that  the  state 
board  of  health  may  by  resolution  prescribe  other  acceptable 
methods  of  sterilization  which  may  be  used  in  place  of  the  methods 
specified  in  this  act. 
Containers  for  drinking  water. 

SEC.  3.  No  cask,  water  cooler  or  other  receptacle  shall  be 
used  for  storing  or  supplying  drinking  water  to  the  public  or  to 
employees  unless  it  is  covered  and  protected  so  as  to  prevent 
persons  from  dipping  the  water  therefrom  or  contaminating  the 
same.  All  such  containers  shall  be  provided  with  a  faucet  or 
other  suitable  device  for  drawing  the  water;  provided,  that  jugs, 
cans,  buckets  and  similar  receptacles  without  faucets  or  other 
devices  for  withdrawing  water  may  be  used  if  the  water  is  pro- 
tected against  contamination  and  is  withdrawn  by  pouring  only. 


176  HEALTH  LAWS 

Enforcement. 

SEX;.  4.  It  shall  be  the  duty  of  the  state  board  of  health  and  of 
all  health  officers  of  counties,  municipalities  and  health  districts 
to  enforce  the  provisions  of  this  act. 

Misdemeanor. 

SEC.  5.  Any  person,  firm  or  corporation  violating  any  pro- 
vision of  this  act  is  guilty  of  a  misdemeanor  and  shall  be  liable 
to  a  fine  not  exceeding  twenty-five  dollars  for  each  offense. 

COMMON  TOWEL. 

(Act  approved  June  1,  1917;  Statutes  1917,  p.  1518.) 

Common  use. 

SEC.  1.  No  person,  firm  or  corporation  conducting,  operating, 
having  charge  of,  or  control  of,  any  hotel,  restaurant,  factory, 
store,  barber  shop,  office  building,  school,  public  hall,  railroad 
train,  railway  station,  boat,  or  any  other  public  place,  room  or 
conveyance,  shall  maintain  or  keep  in  or  about  any  such  place  any 
towel  for  common  use. 

Common  use,  defined. 

SEC.  2.  For  the  purpose  of  this  act  the  term  "common  use" 
when  applied  to  a  towel  shall  be  defined  as  its  use  by,  or  for,  more 
than  one  person  without  its  being  laundered  by  a  process  involving 
exposure  to  boiling  water  or  steam  between  consecutive  uses  of 
euch  towel;  provided,  that  the  state  board  of  health  may  by 
resolution  prescribe  other  acceptable  methods  of  sterilization 
which  may  be  used  in  place  of  the  methods  specified  in  this  act. 

Enforcement. 

SEC.  3.  It  shall  be  the  duty  of  the  state  board  of  health  and 
of  all  officers  of  counties,  municipalities  and  health  districts,  to 
enforce  the  provisions  of  this  act. 

Misdemeanor. 

SEC.  4.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  act  is  guilty  of  a  misdemeanor  and  shall  be  liable 
to  a  fine  not  exceeding  twenty-five  dollars  for  each  offense. 


WORDS  AND  PHRASES 

used  in  the 
ADMINISTRATION   OF  MUNICIPAL   AFFAIRS 

ABBREVIATIONS.  McQ.  stands  for  McQuillan  on  Municipal  Cor- 
porations. The  Acts  referred  to  by  number  are  to  be  found  in 
Deering's  General  Laws.  "Cyc."  refers  to  Encyclopof  dia  of  Law. 

ACCEPTED  STREETS.  Reconstruction  authorized.  Sec.  2030 
McQ. 

ADJOURNED  MEETINGS.  Hour  of  meetings  necessary.  Sec.  602 
McQ. 

AMUSEMENTS  OR  SHOWS  ON  STREETS.  Generally  speaking,  a 
municipality  is  not  liable  where  it  grants  permission  to  use  the 
streets  for  sports  or  amusements,  and  injuries  result  therefrom, 
providing  the  sport  or  amusement  is  legitimate  and  does  not 
involve  a  public  nuisance.  Sec.  2752  McQ. 

ARCHITECTURAL  TERRA-COTTA.  A  vitrified  clay  product  used 
for  building  construction.  By  the  application  of  certain  minerals 
to  the  surface  it  may  be  given  different  colors  in  the  final  firing. 
It  has  the  advantage  of  being  fire-proof  and  not  requiring  any 
painting. 

ASPHALT.  A  brownish-black  mineral  pitch,  classed  as  a  variety 
of  bitumen  and  supposed  to  result  from  the  evaporation  of  pet- 
roleum. 

ASPHALT,  TESTING  OF.  Asphalt  is  tested  for  its  solubility, 
hardness,  adhesiveness,  viscosity  and  volatility. 

ASPHALTIC  CONCRETE  PAVEMENT.  A  pavement  made  by  a 
mixture  of  different  sizes  of  stone  cemented  together  with  asphalt. 

MACADAM.  A  pavement  composed  of  layers  of  different  sizes 
of  rock,  a  coarse  layer  being  on  the  bottom  and  finer  layers  on  the 
top.  Each  layer  is  wet  down  and  rolled.  This  kind  of  pavement 
requires  constant  sprinkling,  and  although  the  first  cost  is  low, 
the  expense  of  maintenance  is  very  high. 

ASPHALT  PAVEMENT.  A  pavement  having  a  wearing  surface  of 
asphalt  or  asphalt  and  sand  and  resting  on  a  base  made  of  Portland 
cement  or  asphaltic  concrete. 

ASSESSMENTS  for  local  improvements  cannot  be  defeated  by 
changing  title  of  property.  Sec.  2116  McQ. 

ATTORNEY.  Authority  of  city  to  contract  for  extra  legal  ser- 
vices. Sec.  1174  McQ. 

AUTOMOBILE  CAMP  GROUNDS.  Grounds  established  by  a  muni- 
cipality for  the  accommodation  of  traveling  motorists.  The  city 
usually  supplies  water  and  other  conveniences  and  in  some  cases, 
shower  baths,  stoves  and  cooking  facilities.  In  some  cases  a 
small  charge  is  made,  whereas  in  others  the  use  of  the  grounds  is 
free  for  transients. 


178  WORDS  AND  PHRASES 

AWARD  OF  CONTRACT  is  a  contract  itself.     Sec.  1241  McQ. 

AWNINGS,  SIGNS,  AND  PROJECTIONS  may  be  declared  nuisances 
and  ordered  to  be  removed.  Sec.  927  McQ. 

BACK-FILLING.  This  relates  to  the  refilling  of  a  trench  exca- 
vated for  pipes  or  conduits.  It  is  invariably  specified  that  in 
back-filling  the  earth  be  thoroughly  watered  and  tamped. 

BARRIERS  OR  LIGHTS  are  required  for  streets  undergoing  con- 
struction. Sec.  2805  McQ. 

BIDDERS.  An  insuccessful  bidder  cannot  enjoin  an  improvement 
altho  he  was  the  lowest  bidder.  Sec.  2008  McQ. 

BILL  BOARDS.     How  far  they  may  be  regulated.     Sec.  929  McQ. 

BITULITHIC.  A  pavement,  the  main  body  of  which  consists  of 
broken  stone  cemented  with  bitumen  or  asphalt. 

BITUMEN.  Another  name  for  mineral  pitch  or  asphalt,  including 
the  softer  varieties  of  asphalt  and  mineral  targ. 

BLACK  BASE.  The  name  given  to  a  base  used  for  street  pave- 
ments which  is  composed  of  a  mixture  of  asphalt  and  rock.  It  is 
called  black  base  to  distinguish  it  from  a  base  made  with  Portland 
cement. 

BLASTS.  The  municipality  is  not  liable  for  injuries  received 
from  rocks  falling  in  the  street  as  result  of  a  blast.  Sec.  2778  McQ. 

BONDS,  MUNICIPAL.  The  term  applied  to  bonds  issued  by  a  muni- 
cipality and  authorized  by  vote  of  the  electors.  The  municipality 
is  authorized  to  levy  and  collect  taxes  for  payment  of  the  principal 
and  interest,  for  which  reason  the  bonds  of  a  municipal  corporation 
are  more  attractive  than  those  of  a  private  corporation  where  the 
principal  and  interest  is  payable  solely  from  revenues.  The 
statute  under  which  municipal  bond  proceedings  are  taken  is 
known  as  Act  2371,  Deering's  General  Laws. 

BONDS  OF  MUNICIPAL  IMPROVEMENT  DISTRICTS.     See  Act  2372a. 

BOND,  OFFICIAL.  An  instrument  issued  by  an  official  whereby 
certain  sureties  pledge  themselves  in  a  specific  sum  of  money  that 
the  official  will  faithfully  perform  the  duties  of  office. 

BONDS,  STREET  IMPROVEMENT.  Bonds  issued  to  represent  unpaid 
assessments  levied  for  street  improvements.  They  are  an  obli- 
.gation  of  the  property  assessed  for  the  improvement  and  not  of 
the  municipality  as  a  whole,  wherefor  they  are  not  as  attractive 
as  a  general  obligation  bond. 

BOULEVARD.  A  broad  street  or  highway,  expecially  one  deco- 
rated with  trees. 

BOUNDARIES.  Where  the  boundary  of  a  city  has  been  acquiesced 
in  by  all  persons  for  a  period  of  twenty  years  or  longer,  such 
boundary  will  be  considered  the  correct  one  although  its  situation 
is  a  matter  of  uncertainty.  28  Cyc.,  182. 

Uncertain  or  indefinite  boundaries  may  be  fixed  and  established 
for  all  purposes  under  a  special  statute  passed  by  the  California 
Legislature  in  1921. 


WORDS  AND  PHRASES  179 

BROKEN  STONE  is  usually  tested  by  what  is  known  as  the  rattler 
method.  A  quantity  is  placed  in  a  metal  cylinder  and  revolved 
rapidly  for  a  definite  period,  after  which  it  is  taken  out  and  the 
percentage  of  loss  measured. 

BUDGET.  A  financial  statement  of  proposed  expenditures  for 
the  ensuing  fiscal  year.  See  explanation  of  Budget  System.  Sec. 
2178  McQ. 

CAMERON  SEPTIC  TANK.  The  tank  used  in  connection  with  the 
Cameron  process  of  sewage  disposal,  which  involves  three  separate 
and  distinct  steps,  to-wit:  first,  the  running  of  the  sewage  into  a 
large  cesspool,  where  it  is  partly  liquified  by  microbes;  then  it 
is  conveyed  to  a  contact  bed  made  of  large  pieces  of  rock,  broken 
brick,  or  clinkers,  whereby  it  is  further  liquified  and  purified  by 
contact  with  the  air.  Finally  it  is  conveyed  to  filter  beds  from 
which  it  may  be  run  into  a  stream. 

CARNIVALS  ON  STREETS  are  unauthorized.     Sec.  1353  McQ. 

CELEBRATIONS.  A  city  cannot  use  public  funds  for  celebrations. 
Sec.  364  McQ. 

CEMETERIES,  MUNICIPAL.     Rules  and  regulations  for.     Act  2381. 

CERTIFIED  MILK.  Milk  which  is  guaranteed  not  to  contain  more 
than  a  limited  amount  of  bacteria. 

CHANGE  OF  NAME.     Procedure  for.     Act  2332b-2384. 

CHANGING  TITLE  of  property  will  not  defeat  local  assessments. 
2116  McQ. 

CHARITY  OR  RELIEF  WORK.  Municipality  may  contract  with  a 
charitable  organization  for  relief  of  the  needy.  Sec.  2166  McQ. 

CHLORINATION.  The  treating  of  a  domestic  water  supply  with 
chlorine  for  the  purpose  of  purifying  same  by  the  oxidization 
resulting  therefrom. 

CITY  MANAGER  GOVERNMENT.  A  plan  of  government  where  all 
matters  of  administration  are  subject  to  the  control  of  one  person, 
thus  providing  a  centralized  responsibility  the  same  as  in  our 
national  government. 

CITY  PLANNING  COMMISSION.  A  commission  appointed  to  recom- 
mend plans  for  the  future  growth  and  development  of  a  munici- 
pality, including  the  proper  location  of  public  buildings,  parks, 
depots,  etc.  (See  Act.  2389J,  Deering's  General  Laws). 

CIVIL  SERVICE.  All  that  service  rendered  to  and  paid  for  by  the 
government  other  than  service  in  the  military  or  naval  establish- 
ments of  a  country. 

CLOSING  A  STREET.  Municipality  may  entirely  close  a  street 
undergoing  repair.  Sec.  2803  McQ. 

COLLECTION  OF  CITY  TAXES  BY  COUNTY  OFFICIALS.  Authorized, 
Act  4043. 

COMMISSION  PLAN  OF  GOVERNMENT.  A  plan  whereby  all  the 
members  of  the  legislative  body  also  serve  as  administrative 


180  WORDS  AND  PHRASES 

officials,    thus    performing   a    double    function.     See  April,  1921, 
number  of  "Pacific  Municipalities." 

COMFORT  STATIONS.  Stations  provided  in  municipalities  for 
toilet  purposes. 

CONSOLIDATION  OF  CITIES.  Procedure  for.  Act  2348,  Deering's 
General  Laws,  Sec.  8. 

CONTRACTS  of  city  should  be  signed  by  the  Mayor  and  counter- 
signed by  the  clerk.  Sec.  1179  McQ. 

CONTRACTS  as  to  rates.  When  they  are  subject  to  change 
without  impairing  the  obligation  of  contracts.  Sec.  1737  McQ. 

COUNTY  HIGHWAYS  WITHIN  MUNICIPALITIES.  Authority  given 
for  construction  and  maintenance.  Act  2386. 

COUNTY  OFFICERS.  Authority  to  use  county  officials  for  city 
functions.  Act  2553a. 

COUPON  BONDS.  Bonds  provided  with  interest  warrants,  called 
"coupons"  for  each  installment  of  interest,  which,  when  detached, 
are  negotiable  and  payable  to  bearer.  Sec.  2266  McQ. 

COUPON  BONDS,  REGISTERED.  Coupon  bonds  which  are  regis- 
tered in  the  name  of  the  owner.  Sec.  2267  McQ. 

CROSSING  OF  STREETS.  A  pedestrian  must  exercise  greater  care 
when  not  using  a  regular  street  crossing.  Should  he  stumble 
he  is  guilty  of  contributary  negligence.  Sec.  2831  McQ. 

CULVERT.  A  covered  gutter  or  pipe  used  for  draining  streets  or 
highways,  usually  made  of  corrugated  sheet  metal,  cement  or 
wood;  frequently  they  are  made  with  a  combination  of  corrugated 
metal  and  cement. 

CURFEW  ORDINANCE.  An  ordinance  requiring  minors  or  children 
to  get  off  the  public  streets  after  a  specified  hour  in  the  evening, 
which  is  generally  announced  by  the  ringing  of  a  bell. 

DANGEROUS  STRUCTURES.  Municipality  is  liable  for  failure  to 
remove.  Sec.  2777  McQ. 

DATUM  PLANE  OR  BENCH  MARK.  A  point  of  established  elevation 
within  a  city  from  which  the  grades  of  streets  are  determined  and 
fixed. 

DEDICATION.  Acceptance  is  not  required  immediately  upon 
receipt  of  offer.  Sec.  1587  McQ. 

The  acceptance  may  be  evidenced  by  acts  of  the  authorities. 
Sec.  1580  McQ. 

It  cannot  be  revoked  after  acceptance.     Sec.  1592  McQ. 

The  dedicator  may  limit  the  use  of  the  land  dedicated.  Sec. 
1545  McQ. 

It  is  not  complete  until  the  offer  is  accepted.     Sec.  1575  McQ. 

It  is  a  rule  of  law  to  resolve  doubts  against  the  donors  and  in 
favor  of  the  public.  Sec.  1558  McQ. 

The  intent  to  dedicate  must  be  clearly  indicated.  Sec.  1568 
McQ. 


WORDS  AND  PHRASES  181 

The  intent  to  dedicate  may  be  inferred  from  mere  user  by  the 
public.  Sec  1563  McQ. 

Offer  may  be  withdrawn  any  time  before  acceptance.  Sec. 
1587  McQ 

Streets  not  lawfully  dedicated  and  accepted  by  the  authorities 
cannot  be  improved  on  the  assessment  plan.  Sec.  79  (Sub.  7) 
Improvement  Act  of  1911. 

The  vital  principle  underlying  a  dedication  is  the  intention  to 
dedicate.  Sec.  1561  McQ. 

DE  FACTO  OFFICERS.  A  de  facto  officer  is  one  who  exercises 
the  duties  of  an  office  under  color  of  an  appointment  or  an  election. 
The  acts  of  de  facto  officers  are  valid  and  binding.  28  Cyc.,  420. 

DEFECTIVE  STREETS.  Liability  of  city  officials.  1919  Statutes, 
page  756. 

DEFECTIVE  STREETS.  The  municipality  is  not  liable  where  an 
excavation  is  properly  guarded.  Sec.  2769  McQ. 

DEFECTIVE  STREETS  OR  SIDEWALKS.  The  municipality  is  liable 
for  injury  sustained  if  the  municipal  officers  have  been  previously 
notified  of  the  defect.  Sec.  2719-2750  McQ. 

DELEGATING  POWERS.  In  the  absence  of  express  authority 
granted  by  the  state,  the  legislative  body  of  a  municipality  cannot 
delegate  its  powers.  28  Cyc.,  276. 

DEPOSIT  OF  CITY  FUNDS  in  bank.  Act  1285,  Deering's  General 
Laws. 

DEPUTY  OFFICER.     Definition  of,  Sec.  426  McQ. 
DONATIONS  OF  MUNICIPAL  FUNDS  not  permitted.     Sec.  2171  McQ. 

DWELLING  HOUSES,  construction,  etc.,  regulation,  1917  Statutes, 
page  1461. 

ELECTIONS  MUNICIPAL.  All  general  elections  in  Fifth  and  Sixth 
Class  Cities  must  be  held  under  the  Act  of  1919,  found  in  the 
statutes  of  that  year,  on  page  928. 

ELIGIBILITY  TO  HOLD  OFFICE.  A  person  who  is  ineligible  at  the 
time  of  election  may  hold  an  office  if  his  disability  be  removed 
before  the  issuance  of  the  certificate  of  election.  28  Cyc.,  416. 

EMINENT  DOMAIN  distinguished  from  the  police  power.  Sec. 
1454  McQ. 

Distinguished  from  the  power  of  taxation.      Sec.  1454  McQ. 

EMINENT  DOMAIN  is  the  right  of  the  government  to  appropriate 
private  property  for  public  use.  It  is  limited  only  by  the  con- 
stitutional provision  that  the  taking  must  be  for  public  use  and  that 
compensation  must  be  made.  Sec.  1453  McQ. 

EMPLOYMENT.     Distinguished  from  office.     Sec.  424  McQ. 

ENACTING  CLAUSE  OF  ORDINANCES.  Defects  in  the  form  of  the 
enacting  clause  will  be  ignored.  28  Cyc.,  353. 

ENTERTAINMENTS.  City  cannot  use  public  funds  for.  Sec.  364 
McQ. 


182  WORDS  AND  PHRASES 

EXCAVATIONS  OR  HOLES  IN  STREETS.  The  municipality  is  not 
liable  where  an  excavation  is  properly  guarded.  Sec.  2769  McQ. 

EXCESS  CONDEMNATION.  The  term  given  to  the  plan  of  con- 
demning more  land  than  is  necessary  in  the  opening  or  widening  of 
new  streets  or  other  public  improvements. 

EXCLUSIVE  FRANCHISE.     Authority  to  grant.     Sec.  1633  McQ. 

EXPANSION  JOINTS.  This  refers  to  the  layers  of  filling-paper  or 
other  material  placed  at  regular  intervals  in  concrete  construction 
to  accommodate  expansion  and  contraction.  In  sidewalk  con- 
struction expansion  joints  are  usually  about  twenty  feet  apart,  and 
are  frequently  made  by  using  a  thin  board  and  afterwards  filling 
it  with  asphalt. 

FAIRS  ON  STREETS  are  unauthorized.     Sec.  1353  McQ. 

FALLING  OBJECTS.  A  municipality  is  not  liable  for  injuries  to 
persons  resulting  from  objects  falling  in  the  streets.  Sec.  2778 
McQ. 

FEDERAL  WATER  POWER  ACT.  The  Act  of  June  10,  1920,  for 
encouraging  the  development  of  water  power. 

FENCES.     Partition  and  division,  height  of  in  cities.     Act  1139. 

FIRE  CHIEF.  The  election  of  a  fire  chief  does  not  create  a  con- 
tract between  him  and  the  city,  and  the  office  may  be  abolished 
any  time.  28  Cyc.,  543. 

FIRE  DEPARTMENT.  A  volunteer  fire  company  is  regarded  as  a 
part  of  the  municipal  government.  Its  meetings  must  be  held 
within  the  municipal  boundaries.  In  the  absence  of  express 
authority,  the  legislative  branch  of  the  municipal  government 
cannot  delegate  to  the  company  the  right  to  elect  officers  of  the 
department.  A  municipal  council  may  determine  a  contested 
election  for  engineer  of  a  volunteer  department.  28  Cyc.,  542. 

FIREMEN.  Members  of  the  fire  department  are  not  public 
officers.  Sec.  2417  McQ. 

FLOOD  LIGHTING.  A  method  of  lighting  a  building  or  object 
whereby  the  light  is  reflected  on  the  object  from  certain  recesses 
within  which  the  light  itself  is  not  visible. 

FLUSH  TANK.  A  tank  built  in  connection  with  a  sewer  which 
automatically  empties  a  quantity  of  water  into  the  sewer  at  regular 
periods  for  flushing  the  same. 

FOOD.    May  require  protection  from  flies.     Sec.  968  McQ. 

FRANCHISE.  Conditions  in  a  franchise  constitute  a  contract  and 
cannot  be  repudiated.  Sec.  1649  McQ.;  also  Sec.  759  McQ. 

Exclusive  grant.     Sec.  1633  McQ. 

FRANCHISE.  A  particular  privilege  conferred  by  grant  from  a 
government  invested  in  an  individual  or  corporation.  (See  Act 
1229,  Deering's  General  Laws.) 

Procedure  for  granting.     Act  1229,  Deering's  General  Laws. 

FREE  PUBLIC  LIBRARIES.     How  to  provide  for.     Act  1247. 

FRUIT  STANDS  not  permitted  on  streets.     Sec.  1355  McQ. 


WORDS  AND  PHRASES  183 

FUNDS.     Deposit  of  in  bank.    Act  1285,  Deering's  General  Laws. 

GARBAGE.  Refuse,  animal  or  vegetable  matter  from  kitchen, 
market  or  store,  or  consisting  of  such  refuse  mixed  with  ashes, 
paper,  tin  cans,  etc.  Anything  worthless  or  filthy. 

The  exclusive  privilege  may  be  given  a  single  party  for  removal 
of  garbage.  Sec.  914  McQ. 

GARNISHMENT.  Municipal  funds  or  property  are  not  liable  on 
attachment  or  garnishment  unless  by  statute  or  charter.  Sec. 
2517  McQ. 

GOVERNMENTAL  FUNCTIONS.  Municipalities  exercise  two  sep- 
arate and  distinct  functions.  One  is  defined  as  governmental,  and 
the  other  as  proprietary.  In  the  passage  of  police  ordinances  or 
regulations,  the  collection  of  taxes  and  such  like  duties,  the  muni- 
cipality acts  in  its  governmental  capacity.  On  the  other  hand, 
in  the  management  of  water  or  light  works,  it  is  acting  in  its 
proprietary  capacity.  In  the  exercise  of  its  governmental  func- 
tions the  municipality  is  not  liable  for  injuries  to  persons  or 
property,  whereas  in  the  exercise  of  its  proprietary  functions  the 
municipality  is  liable  for  damages  to  persons  or  property,  just  as 
a  private  corporation  is  liable.  Sec.  2540-2654  McQ. 

HARE  SYSTEM  OF  VOTING.  The  name  of  the  most  popular  system 
of  voting  used  to  secure  proportional  representation.  See  "Pacific 
Municipalities",  May,  1921. 

HEADERS.  A  term  applied  to  a  plank,  usually  about  two  inches 
in  thickness,  which  is  laid  on  edge  at  the  termination  or  edge  of 
a  pavement,  being  flush  with  the  top  of  pavement  when  finished. 

HEALTH  CENTERS.  An  establishment  for  centralizing  the 
various  health  and  relief  activities  of  a  city. 

HEALTH  FUNCTIONS.  City  may  contract  with  county  for  services 
of  health  officers.  1919  Statutes,  page  152. 

HEIGHT  OF  BUILDINGS.  It  is  within  the  power  of  a  municipality 
to  regulate.  Sec.  949  McQ. 

HIGHWAY.  A  generic  name  for  all  kinds  of  public  ways,  including 
streets,  bridges,  paths  and  navigable  waters.  Sec.  1279  McQ. 

HOLDING  OTHER  OFFICE  OR  EMPLOYMENT.  In  the  absence  of  any 
statutory  or  constitutional  restrictions,  one  holding  a  municipal 
office  is  not  for  that  reason  ineligible  for  election  or  appointment 
to  another  municipal  office.  28  Cyc.,  414. 

HOURS  OF  BUSINESS.     Beyond  power  to  regulate.     Sec.  964  McQ. 

IMPROVEMENT  DISTRICTS.  Formation  of  within  cities  and  the 
issuance  of  bonds.  Act  2372a,  Deering's  General  Laws. 

INCORPORATION.  A  defective  incorporation  may  be  validated 
by  the  Legislature.  28  Cyc.,  172. 

The  lawful  existence  of  a  municipality  is  not  subject  to  collateral 
attack.  28  Cyc.,  174. 

Referring  to  the  organization  of  a  community  into  a  municipality, 
the  procedure  for  which  is  found  in  Sections  One,  Two,  Three  and 


184  WORDS  AND  PHRASES 

Four,  and  Five  of  the  Municipal  Corporation  Act.  (Act  2348, 
Deering's  General  Laws.) 

Where  two  applications  affecting  the  same  territory  are  made 
for  incorporation,  the  one  first  presented  should  be  the  first  acted 
upon.  28  Cyc.,  166. 

IMHOFF  TANK.  A  large  tank  usually  constructed  of  concrete  and 
set  in  the  ground,  which  is  built  in  accordance  with  the  plan  of 
Doctor  Carl  Imhoff,  of  Germany,  and  designed  for  the  partial 
purification  of  sewage.  Under  the  process  involved  the  solid 
matter  is  separated  from  the  effluent  by  gravitation  and  is  there- 
after removed  periodically. 

INITIATIVE  AND  REFERENDUM.  Procedure  for  exercising. ,  Act 
1624. 

INJUNCTIONS  against  municipalities.     Sec.  2502  McQ. 

INJUNCTION.  An  unsuccessful  bidder  cannot^enjoin  an  improve- 
ment altho  he  be  the  lowest  bidder. 

INJUNCTIONS  by  municipalities.     Sec.  2505  McQ. 

IRONSTONE  PIPE.  The  name  given  a  vitrified  clay  pipe  used 
for  the  construction  of  sanitary  sewers.  By  glazing  the  pipe 
during  the  final  firing  it  is  made  impervious  to  water  and  acids. 

ITINERANT  VENDERS.  Definition  of.  Act  1941,  Deering's 
General  Laws,  Sec.  3. 

JUDICIAL  CONTROL  OF  MUNICIPALITIES.     Sec.  377  McQ. 

LABOR.     Minimum  compensation  on  public  work.     Act  2894. 

LAMP  HOLE.  A  hole  running  from  the  surface  of  the  street  down 
into  a  sewer  for  the  purpose  of  enabling  a  lamp  to  be  lowered 
therein  so  that  an  observer  in  a  distant  manhole,  may  be  able  to 
see  it  and  ascertain  if  the  sewer  is  clear. 

LAMP  POSTS  OR  STANDARDS.  Posts  or  standards  erected  along 
city  streets  at  or  near  the  curb  for  holding  the  lamp  placed  at  the 
top  thereof  which  is  used  for  the  purpose  of  lighting  the  street. 
Lamp  posts  are  constructed  of  cast  iron,  sheet  steel  or  Portland 
cement. 

LATERAL  SEWERS.  The  short  sewers  running  from  the  main 
sewer  to  the  property  fronting  on  the  street. 

LIABILITY  OF  MUNICIPALITY  FOR  AMUSEMENTS  OR  SHOWS  ON 
PUBLIC  STREETS.  Generally  speaking,  a  municipality  is  not  liable 
where  it  grants  permission  to  use  the  streets  for  sport  or  amuse- 
ments, and  injuries  result  therefrom,  providing  the  sport  or 
amusement  is  legitimate  and  does  not  involve  a  public  nuisance. 
Sec.  2752  McQ. 

LIABILITY  OF  MUNICIPALITY  for  defective  streets  or  sidewalks 
The  municipality  is  liable  for  injury  sustained  if  the  municipal 
officers  have  been  previously  notified  of  the  defect.  Sec.  2719- 
2750  McQ. 


WORDS  AND  PHRASES  185 

The  municipality  is  not  liable  for  injuries  received  from  rocks 
falling  in  the  street  as  a  result  of  a  blast.  Sec.  2778  McQ. 

A  municipality  is  liable  for  injuries  to  persons  or  property  thru 
failure  to  remove  dangerous  structures.  Sec.  2777  McQ. 

The  municipality  is  not  liable  for  injuries  to  persons  resulting 
from  objects  falling  in  the  streets.  Sec.  2778  McQ. 

LIABILITY  OF  MUNICIPAL  OFFICERS.  Municipal  officers  who  pay 
out  funds  illegally  are  personally  liable  for  the  same  although 
paid  out  for  a  useful  object.  28  Cyc.,  469. 

Municipal  officers  having  the  care  of  public  money  are  liable 
for  the  loss  thereof  even  though  not  due  to  any  fault  or  negligence 
on  their  part,  unless  caused  by  act  of  God  or  the  public  enemy. 
If  the  treasurer  deposits  money  in  a  bank  which  subsequently 
fails,  he  is  liable  therefor  although  deposited  at  the  suggestion  of 
the  mayor  and  finance  committee.  28  Cyc.,  472. 

Municipal  officers  are  not  in  general  liable  for  acts  done  in  the 
ordinary  exercise  of  their  corporate  powers.  28  Cyc.,  466. 

Municipal  officers  acting  in  good  faith,  without  negligence,  are 
not  personally  liable  for  damages  for  municipal  improvements. 
28  Cyc.,  467. 

An  officer  who  under  misapprehension  makes  a  contract  in 
behalf  of  a  municipality  which  is  invalid  cannot  be  held  personally 
liable.  28  Cyc.,  469. 

Officials  are  not  personally  liable  for  their  public  acts.  Sec. 
2424  McQ. 

LIBRARIES.     How  to  provide  for.     Act  1247. 

LICENSE  on  interstate  commerce.     Sec.  780  McQ. 

LICENSE.     For  regulation.     Sec.  780  McQ. 

LICENSE  TAX  ON  BROKERS,  AGENTS,  ETC.     Sec.  780  McQ. 

LOADS.  Cities  have  power  to  regulate  weight  of  loads  on  streets. 
Sec.  934  McQ. 

LUNCH  WAGONS  may  not  occupy  streets  for  a  period  of  hours. 
Sec.  1355  McQ. 

MANDATORY  AND  DISCRETIONARY  POWERS.  Difference  between. 
Sec.  380  McQ. 

MEETINGS.     Notice  required  to  be  given.     Sec.  575  McQ. 

METAL  CULVERTS.  Culverts  made  of  metal,  usually  corrugated, 
and  the  metal  being  of  a  rust  resisting  character  and  galvanized. 

MILK.     Supply  may  be  regulated.     Sec.  969  McQ. 

MOBS  OR  RIOTS.  Liability  for  injuries  caused  by.  Sec.  4452- 
4457  Political  Code. 

MOTIVES  FOR  ENACTING  ORDINANCES.  It  is  a  settled  rule  that 
courts  cannot  inquire  into  the  motives  which  prompted  a  city 
council  to  enact  an  ordinance.  28  Cyc.,  375. 

MUNICIPAL  AFFAIRS.  Those  relating  to  the  internal  affairs  of  a 
municipality,  as  distinguished  from  a  state  affair.  Sec.  173  McQ. 


186  WORDS  AND  PHRASES 

MUNICIPAL  BONDS.  The  term  applied  to  bonds  issued  by  a 
municipality  and  authorized  by  the  vote  of  the  electors.  The 
municipality  is  authorized  to  levy  and  collect  taxes  for  payment 
of  the  principal  and  interest,  for  which  reason  the  bonds  of  a 
municipal  corporation  are  more  attractive  than  those  of  a  private 
corporation  where  the  principal  and  interest  is  payable  solely 
from  revenues.  The  statute  under  which  municipal  bond  pro- 
ceedings are  taken  is  known  as  Act  2371,  Deering's  General  Laws. 

MUNICIPAL  ELECTIONS.  All  general  elections  in  Fifth  and  Sixth 
Class  Cities  must  be  held  under  the  Act  of  1919,  found  in  the 
statutes  of  that  year,  on  page  928. 

MUNICIPAL  IMPROVEMENT  DISTRICT.  A  portion  of  a  city  selected 
for  the  construction  of  a  public  improvement.  (See  Act  2372a, 
Deering's  General  Laws.) 

MUNICIPAL  LIABILITY.  The  liability  of  a  municipality  for  the 
acts  of  its  officers  depends  on  whether  the  act  complained  of 
resulted  in  the  performance  of  a  governmental  or  proprietary 
function.  (See  Governmental  Functions.)  Sec.  2640-2654  McQ. 

MUNICIPAL  PURPOSES  OR  USES,  defined.     Sec.  2167  McQ. 

MUSEUMS.     The  extablishment  and  maintenance  of.     Act  2876a. 

Music.     Right  to  levy  tax  for.     Act  2389a. 

NAME  OF  CITY.     Authority  to  change.     Acts  2332b-2384. 

NEWSPAPER  OF  GENERAL  CIRCULATION.  All  legal  notices  must 
be  published  in  such  newspaper.  (See  definition  in  Sec.  4460  of  the 
Political  Code.) 

NEWS  STANDS  not  permitted  on  streets.     Sec.  1355  McQ. 

NUISANCES.  Municipalities  are  not  liable  for  failure  to  abate. 
Sec.  2641  McQ. 

Municipal  officers  lawfully  engaged  in  the  exercise  of  official  func- 
tions in  a  lawful  manner  are  not  personally  liable  for  injuries  result- 
ing from  what  would  be  a  nuisance  if  maintained.  Nor  are  they 
personally  liable  for  damage  caused  in  abating  a  nuisance.  28 
Cyc.,  468. 

NURSES,  PUBLIC  HEALTH.  Boards  of  Trustees  have  authority 
to  appoint  and  provide  for  their  compensation.  1919  Statutes, 
page  180. 

OATH  OF  OFFICE.     Failure  to  take.     Sec.  475  McQ. 

OFFICE,  ABANDONMENT  OF.  Abandonment  of  an  office  consti- 
tutes an  implied  resignation.  28  Cyc.,  430. 

OFFICE.     Distinguished  from  employment.     Sec.  424  McQ. 

A  municipal  office,  like  any  other  public  office,  is  not  deemed 
property.  28  Cyc.,  399. 

OFFICE,  REMOVAL  FROM.  Removal  from  office  is  not  permitted 
without  constitutional  or  statutory  authority.  28  Cyc.,  432. 

OFFICE,  RESIDENCE  AND  QUALIFICATION.  Unless  provided  by 
constitution  or  statute,  a  municipal  officer  may  be  elected  from 
non-residents.  28  Cyc.,  412. 


WORDS  AND  PHRASES  187 

OFFICERS,  ADDITIONAL  COMPENSATION.  An  agreement  to  give 
additional  compensation  to  a  municipal  officer  for  the  performance 
of  a  service  which  he  is  already  legally  obliged  to  render  is  void 
as  against  public  policy.  '  28  Cyc.,  453. 

An  officer  having  a  fixed  salary  cannot  claim  additional  com- 
pensation even  for  new  duties  imposed.  28  Cyc.,  453. 

OFFICERS,  COMPENSATION  OF.  The  compensation  is  usually  and 
properly  provided  by  ordinance.  28  Cyc.,  457. 

OFFICERS  OF  COUNTY.  Authority  to  employ  for  city  duties. 
Act  2553a. 

OFFICIAL  BOND.     Result  of  failure  to  give  bond.     Sec.  476  McQ. 

OFFICER,  SUSPENSION  OF.  An  officer  cannot  be  suspended  except 
by  authority  of  charter  or  statute.  28  Cyc.,  432. 

ORDINANCES.     Certiorari  to  test.     Sec.  807  McQ. 

In  conflict  with  state  law.     Sec.  887  McQ. 

The  validity  of  an  ordinance  may  be  tested  by  a  proceeding  in 
quo  warranto  and  even  habeas  corpus.  28  Cyc.,  377. 

ORDINANCE.     Distinguished  from  resolution.     Sec.  633-638  McQ. 

ORDINANCES.     How  to  test  validity  of.     Sec.  795  and  799. 

An  ordinance  is  a  law  of  the  state.     Sec.  754  McQ. 

ORDINANCES.     Injunction  to  restrain.     Sec.  805  McQ. 

In  pleading  an  ordinance  it  is  not  sufficient  to  refer  to  its  title 
and  passage.  28  Cyc.,  395. 

Judicial  notice  will  not  be  taken  of  the  existence  of  an  ordinance 
the  fact  of  its  passage  must  be  proved,  but  this  does  not  apply 
to  proceedings  in  a  municipal  court,  that  court  being  bound  to 
take  judicial  notice.  28  Cyc.,  393. 

Mandamus  to  enforce.     Sec.  804  McQ. 

ORDINANCES,  RULES  FOR  THE  CONSTRUCTION  OF.  See  28  Cyc., 
page  388. 

ORDINANCES,  PARTIAL  INVALIDITY  OF.  The  rule  is  well  settled 
that  a  municipal  ordinance  may  be  valid  in  certain  provisions  and 
invalid  as  to  others,  and  if  the  part  that  is  good  can  be  dis- 
tinguished from  the  part  that  is  bad,  the  good  part  may  be 
enforced.  28  Cyc.,  372. 

ORDINANCE  should  embrace  one  subject.     Sec.  681,  McQ. 

ORDINANCES,  SUSPENSION  OF.  An  ordinance  cannot  be  suspended 
by  mere  resolution.  28  Cye.,  387. 

ORDINANCE.     Void  in  part,  not  wholly  invalid.     Sec.  816  McQ. 

OUTCRY.  May  prohibit  advertising  or  sale  by  outcry.  Sec. 
967  McQ. 

PARK.  May  be  used  for  anything  consistent  with  the  public 
enjoyment,  wherefore  a  public  library  may  be  erected  therein, 
but  not  a  city  hall.  However  it  is  held,  that  the  dedication  of  a 
park  as  a  public  square  is  to  general  public  uses  including  public 
school  buildings.  Sec.  1155  McQ. 


188  WORDS  AND  PHRASES 

PARK.  Use  and  control  is  subject  to  regulation  in  grant.  Sec. 
55  McQ. 

PARKS.     City  is  authorized  to  levy  a  tax  for.     Act  2389a. 

PARKS.  Cannot  be  used  as  a  base  ball  ground  when  admission 
is  charged.  Sec.  1156  McQ. 

PARKS.  Authority  may  lease  building  thereon  for  hotel  and 
restaurant  for  accommodation  of  visitors.  Sec.  1156  McQ. 

PARLIAMENTARY  LAW.  To  what  extent  necessary  at  municipal 
meetings.  Sec.  606  McQ. 

PARTY  WALL.  Division  wall  between  two  connected  and  mutu- 
ally supported  buildings.  Sec.  392  McQ. 

PASTEURIZED  MILK.  Milk  that  has  been  submitted  to  a  tem- 
perature ranging  from  131  degrees  to  150  degrees  Fahrenheit, 
whereby  the  process  of  fermentation  is  checked. 

PENSIONS,  for  old  or  disabled  officers  (such  as  policemen),  or 
firemen,  are  not  regarded  as  donations  or  gratuities,  and  munici- 
palities are  empowered  to  provide  the  same  from  funds  of  the 
respective  departments.  Sec.  2422  McQ. 

PERSONAL  LIABILITY  OF  OFFICIALS.  Municipal  officers  are  not 
personally  liable  for  their  acts  as  public  officials  when  honestly 
performed.  Sec.  2424  McQ. 

PICKETING.  Ordinances  prohibiting  picketing  have  been  declared 
to  be  a  valid  exercise  of  the  police  power.  Sec.  941,  McQ. 

PLAY  GROUNDS.  Cities  authorized  to  acquire  by  condemnation. 
Act  2884. 

PLUMBERS.     Registration  of.     Act  2839. 

POLICE  DEPARTMENT.     As  an  agency  of  the  state.     Sec.  436  McQ. 

POLICE  POWER.  Is  that  power  under  which  everything  necessary 
to  the  protection  of  the  property  of  the  citizens  and  the  health 
and  comfort  of  the  public  may  be  done.  Sec.  889  McQ. 

It  extends  to  the  protection  of  the  lives,  health  and  property  of 
the  community.  Sec.  789  McQ. 

It  extends  to  all  matters  affecting  the  peace,  order,  health, 
morals,  convenience,  comfort  and  safety  of  the  citizen.  Sec.  889 
McQ. 

It  is  based  on  the  maxim  that  "The  welfare  of  the  people  is  the 
first  law,  and  so  use  your  own  property  as  not  to  injure  the  rights 
of  others."  Sec.  891  McQ. 

It  includes  power  over  dilapidated  buildings,  the  destroying  of 
property  'in  the  path  of  conflagration,  slaughter  of  diseased  cattle, 
destruction  of  unwholesome  food,  prohibition  of  wooden  buildings, 
regulation  of  burial  grounds,  restriction  of  objectional  trades, 
compulsory  vaccination,  restraint  of  vagrants  and  beggars, 
suppression  of  obscene  publications,  and  prohibition  of  gambling. 
Sec.  890  McQ. 

POLICEMEN  are  public  officers,  not  employees.  Also  they  are 
state  officials  and  not  local  officers.  Sec.  2417  McQ. 


WORDS  AND  PHRASES  189 

POLICEMEN  AND  FIREMEN.  Members  of  the  Police  and  Fire 
Department  are  not  personally  liable  for  their  acts  done  in  the 
honest  performance  of  their  duties.  Sec.  2424  McQ. 

POWERS.  All  doubts  as  to  powers  are  resolved  against  the 
municipality  and  to  be  denied.  28  Cyc.,  265. 

The  powers  of  a  municipal  corporation  are  divisible  into  two 
great  classes — express  powers  and  implied  powers;  their  powers 
may  also  be  classified  into  (1)  express,  (2)  implied,  and  (3)  inci- 
dental, indispensable  or  inherent.  28  Cyc.,  260. 

A  municipal  corporation  possesses  such  powers  and  such  only 
as  the  state  confers  upon  it.  28  Cyc.,  258. 

A  municipal  corporation  can  exercise  only  those  powers  that 
are  granted  in  express  words,  those  necessarily  or  fairly  implied 
in  or  incidental  to  the  powers  expressly  granted,  and  those  indis- 
pensable, as  distinguished  from  inconvenient,  to  the  declared 
objects  and  purposes  of  the  corporation.  28  Cyc.,  261. 

PORTLAND  CEMENT,  METHOD  OF  TESTING.  Portland  cement  is 
usually  tested  in  accordance  with  the  specifications  adopted  by 
the  "American  Society  for  Testing  Materials."  It  is  usually 
tested  for  hardness,  cracking  and  tensile  strength  and  is  some- 
times subjected  to  an  atmosphere  of  steam. 

PORTLAJVD  CEMENT  PAVEMENT.  A  pavement  composed  of  certain 
proportions  of  rock  or  gravel  mixed  with  sand  and  Portland  cement. 
In  cases  where  Portland  cement  pavement  is  not  to  have  a  bit- 
uminous surface  the  mixture  is  generally  as  follows:  one  part 
Portland  cement,  two  parts  sand  and  four  parts  of  broken  stone. 
Where  Portland  cement  is  simply  to  serve  as  a  base,  the  mixture 
is  approximately  as  follows:  one  part  Portland  cement,  three  parts 
sand,  and  six  parts  broken  stone. 

PREEXISTING  RIGHTS  AND  LIABILITIES.  The  rights  and  liabilities 
of  an  organized  community  are  recognized  through  all  changes  of 
political  organization.  28  Cyc.,  175. 

PRIVATE  BUSINESS.  A  municipality  has  no  power  to  engage  in 
private  business.  Sec.  1807  McQ. 

PRIVATE  SEWERS.  The  municipality  is  not  liable  for  defects  in 
private  sewers  unless  the  same  have  been  adopted  as  part  of  the 
municipal  system.  Sec.  2690  McQ. 

PROCEDURE  STATUTES  must  be  construed  strictly.  Sec.  1531 
McQ. 

PROHIBITION,  WRIT  OF.  This  writ,  issuing  from  a  superior 
jurisdiction  to  an  inferior  body,  to  prevent  the  inferior  body  from 
exercising  an  unauthorized  act.  It  is  the  opposite  of  a  writ  of 
mandamus.  Sec.  2516  McQ. 

PROPORTIONAL  REPRESENTATION.  A  method  for  electing  mem- 
bers of  a  legislative  body  so  that  organized  minorities  over  a 
certain  size  may  secure  representation  therein.  Sacramento  is 


190  WORDS  AND  PHRASES 

the  largest  city  in  the  United  States  using  this  method  of  election. 
See  "Pacific  Municipalities",  May,  1921. 

PROPRIETARY  FUNCTIONS.  Municipalities  exercise  two  separate 
and  distinct  functions.  One  is  defined  as  governmental,  and  the 
other  as  proprietary.  In  the  passage  of  police  ordinances  or  regu- 
lations, the  collection  of  taxes  and  such  like  duties,  the  munici- 
pality acts  in  its  governmental  capacity.  On  the  other  hand,  in 
the  management  of  water  or  light  works,  it  is  acting  in  its  proprie- 
tary capacity.  In  the  exercise  of  its  governmental  functions  the 
municipality  is  not  liable  for  injuries  to  persons  or  property, 
whereas  in  the  exercise  of  its  proprietary  functions  the  municipality 
is  liable  for  damages  to  persons  or  property,  just  as  a  private 
corporation  is  liable.  Sec.  2640-2654  McQ. 

PRIVATE  BUSINESS.     City  cannot  engage  in.     Sec.  359  McQ. 

PUBLIC  BUILDINGS  are  not  subject  to  mechanic's  liens.  Sec. 
1161  McQ. 

PUBLICATION  OF  ORDINANCES  where  required  by  statute  or 
charter  is  held  mandatory.  28  Cyc.,  359. 

PUBLIC  FUNDS  cannot  be  used  to  undertake  private  business 
enterprises.  Sec.  2170  McQ. 

PUBLIC  HEALTH  FUNCTIONS.  City  may  contract  with  county 
for  services  of  health  officers.  1919  Statutes,  page  152. 

PUBLIC  HEALTH,  NURSES.  Boards  of  trustees  have  authority  to 
appoint  and  provide  for  their  compensation.  1919  Statutes,  page 
180. 

PUBLIC  LIBRARIES.     How  to  provide  for.     Act  1247. 

PUBLIC  MUSEUMS.  Establishing  and  maintenance  of.  Act 
2876a. 

PUBLIC  TOWELS.  It  is  unlawful  for  any  hotel,  restaurant,  barber 
shop,  store,  or  public  building  to  keep  any  public  towel  for  common 
use.  1917  Statutes,  page  1518. 

PUBLIC  UTILITIES.     Definition  of.     Sec.  1618  McQ. 

PUBLIC  WORK.     Minimum  compensation  of  labor  on.     Act  2894. 

QUARANTINE  LAWS.     Sec.  791-792.    McQ. 

QUARANTINE.  The  forced  stoppage  of  travel,  communication, 
or  intercourse  on  account  of  contagious  or  infectious  diseases. 

QUASI  CORPORATION.  A  phrase  used  to  designate  bodies  of 
limited  corporate  powers,  such  as  sanitary  districts,  levee  dis- 
tricts, etc.  Sec.  2434  McQ. 

Quo  WARRANTO.  A  writ  of  the  state,  issued  on  application  of 
the  Attorney  General,  to  try  the  title  of  a  public  office  or  the  right 
of  a  municipality  to  exercise  certain  functions,  or  determine  its 
legal  existence.  Sec.  2525-2538  McQ. 

RATES.  Contracts  as  to  rates,  are  subject  to  modification 
without  impairing  the  obligation  of  contracts.  Sec.  1737  McQ. 

READY  TO  SERVE  CHARGE.  An  arbitrary  charge  imposed  on  a 
city  in  favor  of  a  utility  company  and  based  on  the  theory  that 


WORDS  AND  PHRASES  191 

something  should  be  paid  the  company  for  being  ready  to  serve 
the  municipality  in  case  of  extraordinary  emergency,  such  as  fire. 

RECALL  OF  CITY  OFFICIALS.     Act  2555. 

RECORD.  Omission  in  the  record  may  be  ascertained  by  parol 
evidence.  Sec.  624  McQ. 

RECORD  must  be  subjected  to  public  inspection.     Sec.  630  McQ. 

The  record  may  be  amended  at  any  time  so  as  to  make  it  agree 
with  the  truth.  'Sec.  626  McQ. 

It  may  be  corrected  by  order  of  the  court.     Sec.  629  McQ. 

RECORDS.     How  complete  they  must  be  kept.     Sec.  619  McQ. 

RECORDS  AND  MINUTES.  The  records  or  minutes  may  be  subse- 
quently corrected  by  the  clerk  so  as  to  conform  with  the  truth. 
28  Cyc.,  346. 

They  are  the  best  and  only  evidence  of  corporate  action,  but 
do  not  import  absolute  verity.  28  Cyc.,  343. 

They  are  open  to  the  inspection  of  all  citizens.     28  Cyc.,  343. 

RECONSIDERATION.  Unless  restrained  by  charter  or  statute,  the 
Board  of  Trustees  may  reconsider  its  vote  upon  any  incompleted 
measure.  Sec.  612  McQ. 

REFERENDUM  AND  INITIATIVE.  Procedure  for  exercising.  Act 
1624. 

REFUSE.     All  wastes  except  garbage  and  ashes. 

REGISTERED  BONDS.  Bonds  in  favor  of  a  particular  individual, 
whose  name  is  entered  on  the  books  as  the  original  owner.  Prin- 
cipal and  interest  are  payable  to  him  without  presentation  of  the 
bond.  These  bonds  are  not  negotiable.  Their  value  lies  in  the 
fact  that  the  danger  of  loss  by  robbery  or  fire  is  entirely  removed. 
Sec.  2265  McQ. 

REGISTRATION  OF  PLUMBERS.     Act  2839. 

REINSCH-WURL  SCREEN  FOR  SEWAGE  DISPOSAL.  A  method  of 
mechanical  separation  of  the  solid  matter  of  sewage  from  the 
effluent  by  means  of  a  large  revolving  screen.  Santa  Barbara  and 
several  other  cities  in  California  use  this  method. 

RELIEF  WORK.  Municipality  may  co-operate  with  private 
charitable  organizations  in  relief  work.  Sec.  2166  McQ. 

REMOVAL  OF  BUILDINGS  may  be  accomplished  without  reference 
to  formal  judicial  procedure  if  erected  in  violation  of  valid  fire 
ordinances.  Sec.  949  McQ. 

REPAIRS  TO  STREETS.  Sufficiency  of  guards  or  warning.  Sec. 
2804  McQ. 

RESCINDING  PRIOR  ACTS.  The  Board  has  the  power  to  rescind 
incomplete  acts.  Sec.  613-14  McQ. 

RESIDENTIAL  QUALIFICATIONS  FOR  OFFICE.  Residence  in  an 
annexed  territory  for  the  statutory  period  immediately  preceding 
annexation  is  equivalent  to  residence  in  the  city.  28  Cyc.,  413. 

RESIGNATION  OF  OFFICER.  An  officer  is  not  relieved  from  the 


192  WORDS  AND  PHRASES 

duties  of  his  office  until  his  resignation  is  accepted  and  his  successor 
qualified.  28  Cyc.,  430. 

RESOLUTION.     Distinguished  from  ordinance.     Sec.  633  McQ. 

REWARDS.  For  apprehending  offenders.  Power  to  offer.  "Sec. 
391  McQ. 

RIOTS  OR  MOBS.  Liability  for  injuries  caused  by.  Sec.  4452- 
4457  Political  Code. 

RUBBISH.  Waste,  rejected  matter  and  debris  such  as  fragments 
of  building  material,  waste  paper,  etc. 

SABOTAGE.     Definition  and  penalty.     1919  Statutes,  page  281. 

SALARY.     Changing  during  term.     Sec.  529  McQ. 

SAND,  TESTING  OF.  Sand  for  use  in  concrete  or  bituminous 
pavement  is  usually  tested  for  sharpness  and  the  amount  of  mica 
or  organic 'matter  it  contains.  Sand  is  washed  to  ascertain  the 
amount  of  silt  or  clay. 

SANITARY  DISTRICTS.  Organization  and  government  of.  1919 
Statutes,  page  942. 

SCALES  ON  SIDEWALKS  unauthorized.     Sec.  1367. 

SCARIFIER.  A  machine  used  for  planing  or  cutting  off  the  irregu- 
larities of  a  street  pavement. 

SEWER  CONNECTIONS.  They  are  subject  to  reasonable  regulation 
by  municipal  authorities,  including  charging  of  a  fee  for  making 
the  connection.  Sec.  1448  McQ. 

SEWER  PIPE.  A  pipe  used  for  the  construction  of  sanitary  or 
storm  water  sewers.  It  is  usually  made  of  vitrified  clay,  or 
Portland  cement,  vitrified  clay  being  used  mostly  for  the  sanitary 
sewers  because  of  its  supposed  greater  resistance  to  acids. 

SEWERS  may  be  financed  and  installed  under  the  assessment 
plan  or  the  voting  of  bonds,  which  bonds  may  be  voted  by  the 
entire  municipality  or  a  portion  thereof. 

SEWERS,  joint  construction  of.     1919  Statutes,  page  153. 

SHADE  TREES,  planting  and  care  of.     Act  2341. 

SIDEWALK  is  included  within  the  term  street.  It  is  that  portion 
intended  for  the  use  of  pedestrians  and  includes  everything  between 
the  curbing  and  the  lot  line.  Sec.  1286  McQ. 

SIGNING  ORDINANCES.  Where  signing  by  the  mayor  is  for  the 
purpose  of  verification  rather  than  approval,  the  provision  is  held 
directory  rather  than  mandatory,  and  the  lack  of  signature  does 
not  vitiate  the  measure.  28  Cyc.,  357. 

SMALL  Pox  CONTROL.  See  page  188,  May,  1921  "Pacific  Munici- 
palities." 

SMOKE.  The  emission  of  dense  smoke  may  be  declared  a  public 
nuisance.  Sec.  918  McQ. 

SPECIAL  MEETINGS.     Notice  required.     Sec.  601  McQ. 

SPECIAL  TAX  FOR  IMPROVEMENTS.     Act  4042. 

SPECIFICATIONS  for  material  to  be  used  in  public  improvement 
should  be  definite  and  certain.  Sec.  1874  McQ. 


WORDS  AND  PHRASES  193 

SPITE  FENCE.  A  fence  over  ten  feet  in  height  which  is  maliciously 
erected  and  maintained  for  the  purpose  of  annoying  a  neighbor  or 
his  tenant. 

STATE  AFFAIRS.  Those  which  relate  to  the  state  at  large,  such 
as  the  administration  of  justice.  Sec.  173  McQ. 

STORAGE  OF  VEHICLES  ON  STREETS,  unauthorized.     Sec.  1366  McQ. 

STORM  SEWER.  A  sewer  constructed  to  carry  off  flood  waters 
and  not  sanitary  sewage. 

STREET.  Municipality  has  no  power  to  permit  use  of  street  for 
the  storage  of  wagons  or  vehicles.  Sec.  1366  McQ. 

STREET  ASSESSMENTS  cannot  be  defeated  by  changing  title  of 
property  assessed.  Sec.  2116  McQ. 

STREET  CARS.  Municipality  may  regulate  speed.  Sec.  954 
McQ. 

STREET,  Closing  of.  Municipality  may  entirely  close  a  street 
undergoing  repair.  Sec.  2803  McQ. 

STREET  CROSSING.  A  pedestrian  must  exercise  greater  care 
when  not  using  the  regular  crossing.  Should  he  stumble  he  is 
guilty  of  contributary  negligence.  Sec.  2831  McQ. 

STREET  FAIRS  may  not  be  held  so  as  to  obstruct  travel  on  the 
public  street.  Sec.  1353  McQ. 

STREET  IMPROVEMENT  BONDS.  The  term  usually  applied  to 
bonds  which  are  issued  to  represent  unpaid  assessments  levied  for 
street  improvements.  They  are  an  obligation  of  the  property 
assessed  for  the  improvement,  and  not  of  the  municipality  as  a 
whole,  wherefore  they  are  not  as  attractive  as  a  general  obligation 
bond. 

STREET  LIGHTING  EXPERT.  An  engineer  who  specializes  in 
street  lighting  with  respect  to  the  size,  kind  and  location  of  lighting 
standards,  and  the  power  and  kind  of  lamps  desirable  to  be  used, 
the  character  of  globes,  etc. 

STREET  OBSTRUCTIONS  may  be  summarily  removed  by  munici- 
palities. Sec.  1370  McQ. 

STREET  OPENING  ACTS.  The  statutes  providing  a  procedure  for 
the  opening,  widening  or  closing  of  streets.  There  are  two  gener- 
ally used  in  California.  One  is  known  as  Act  3927,  and  the  other 
is  Act  3928,  Deering's  General  Laws. 

STREET  SHOWS.  Generally  speaking,  a  municipality  is  not  liable 
where  it  grants  permission  to  use  the  streets  for  sport  or  amuse- 
ments, and  injuries  result  therefrom,  providing  the  sport  or  amuse- 
ment is  legitimate  and  does  not  involve  a  public  nuisance.  Sec. 
2752  McQ. 

STREET  TREES  are  subject  to  municipal  control.     Sec.  1327  McQ. 

STREET  UNDERGOING  REPAIRS.  Sufficiency  of  guards  or  warning. 
Sec.  2804  McQ. 

Barriers  must  be  put  up  to  warn  travelers.     Sec.  2803  McQ. 


194  WORDS  AND  PHRASES 

STREETS.  Street  obstructions  cannot  be  legalized.  Sec.  743 
McQ. 

STREETS  AND  HIGHWAYS.  Streets  and  highways  belong  to  the 
public,  with  the  Legislature  as  supreme  trustee  for  the  people. 
28  Cyc.,  287. 

SWIMMING  POOLS.  The  State  Board  of  Health  has  supervision 
over  the  sanitation,  healthfulness,  cleanliness,  and  safety  of  all 
swimming  pools,  public  bath  houses  and  bathing  places.  1917 
Statutes,  page  70. 

SYNDICALISM,  CRIMINAL.     Definition  of,  1919  Statutes,  page  281. 

TAKING  PRIVATE  PROPERTY  FOR  PUBLIC  USE.  What  constitutes 
"taking".  Sec.  1469^1471  inclusive  McQ. 

TAXATION  distinguished  from  the  power  of  eminent  domain. 
Sec.  1454  McQ. 

TAXES.     Collection  by  county  officials  authorized.     Act  4043. 

TENEMENT  HOUSES.  Erection,  construction  etc.,  regulated. 
1917  Statutes,  page  1473. 

They  are  subject  to  municipal  regulations.     Sec.  980  McQ. 

TIRES.     Regulating  the  width  of.     Sec.  933  McQ. 

TOPEKA  SPECIFICATIONS.  The  specifications  framed  in  Topeka, 
Kansas,  to  imitate  the  Warrenite-Bitulithic  Pavement,  the  rock 
being  smaller  in  size  and  quantity  and  the  structure  not  having 
the  same  inherent  stability  as  that  of  which  it  is  an  imitation.  In 
the  Warrenite-Bitulithic  Pavement  the  strain  of  the  load  is  borne 
by  the  rock,  the  asphaltic  cement  merely  serving  as  a  medium  for 
holding  the  rock  together;  whereas,  under  the  Topeka  Specifi- 
cations the  particles  of  rock  are  not  of  sufficient  size  or  in  sufficient 
quantity  to  be  in  contact  with  each  other,  in  consequence  of  which 
the  strain  of  the  load  is  borne  by  the  asphalt  and  not  by  the  rock. 

TREES  ON  STREETS  are  subject  to  municipal  control.  Sec.  1327 
McQ. 

TOWELS.  Individual  towels  are  required  in  all  hotels.  1917 
Statutes,  page  432. 

Two  PLAIOON  SYSTEM.  A  system  which  enables  two  watches  or 
tours  of  duty  in  a  fire  or  police  department. 

UNSUCCESSFUL  BIDDER  cannot  enjoin  an  improvement  altho  he 
be  the  lowest  bidder.  Sec.  2008  McQ. 

VACANCY  IN  OFFICE.    When  it  exists.     Sec.  478  McQ. 

VALIDITY  OF  ORDINANCES.     How  to  test.     Sec.  795  and  799. 

VITAL  STATISTICS.     City  clerk  to  keep.     Act  2348,  Sec.  9. 

VIVISECTION.  The  practice  of  experimenting  on  live  animals 
for  testing  or  developing  curative  measures  against  diseases. 

WARRENITE-BITULITHIC.  The  name  of  a  patented  pavement 
made  by  Warren  Brothers  Company,  of  Boston,  Mass.  The 
pavement  consists  of  hard,  tough,  broken  stone,  ranging  from  two 
inches  to  impalpable  powder,  proportioned  in  such  quantities  as  to 
eliminate  all  voids  and  have  the  greatest  inherent  stability,  all 


WORDS  AND  PHRASES  195 

being  solidified  into  a  dense  mass  by  means  of  asphaltic  cement. 

WATER  PIPE.  Pipe  used  for  conveying  water  for  domestic  pur- 
poses, power,  or  irrigation.  It  is  usually  made  of  cast  iron,  sheet 
steel  or  redwood.  The  first  cost  of  cast  iron  pipe  is  high  but  it  has 
the  greatest  length  of  life.  Redwood  has  been  used  quite  exten- 
sively in  California,  apparently  with  satisfaction. 

WEEDS.     On  private  property.     Removal  of.     Act  2347b. 

WEIGHING  SCALES  on  sidewalks  are  unauthorized.  Sec.  1367 
McQ. 

WIRES,  UNDERGROUND.  Authority  of  city  to  order.  Sec.  1681 
McQ. 

WYE  BRANCHES.     See  "Y"  branches. 

"Y"  BRANCHES  ON  SEWERS.  The  short  branches  on  a  main 
sewer,  about  two  feet  in  length,  which  are  established  at  regular 
intervals  along  the  line  of  a  sewer  for  the  purpose  of  connecting  up 
with  lateral  sewers  to  adjoining  buildings. 

ZONES.  Relating  to  the  division  of  a  municipality  into  indus- 
trial, business  and  residential  districts. 


RELIABLE  FIRMS 

The  following  persons  and  firms  deal  in  municipal  machinery 
and  supplies  or  in  the  doing  of  municipal  work,  and  have  a  good 
reputation  for  reliability  and  fair  dealing.  They  are  advertisers 
in  our  official  organ  and  thus  assist  in  supporting  the  League  of 
California  Municipalities  and  its  work.  Kindly  give  them 
respectful  consideration  whenever  possible.  In  case  of  proposed 
work  or  needed  supplies  in  their  respective  lines,  they  will  be 
glad  to  have  you  write  them  for  further  information  or  for 
catalogues  and  price  lists. 

Accounting — Wm.  Dolge,  311  California  St.,  San  Francisco. 
Architectural   Terra   Cotta — Gladding  McBean   &   Co.,    Crocker 

Building,  San  Francisco;  N.  Clark  &  Sons,  112-116  Natoma 

St.,  San  Francisco. 

Asphalt — Standard  Oil  Co.,  San  Francisco. 
Bitulithic  Pavement — Warren  Brothers  Company,  Los  Angeles  and 

San  Francisco. 

Brick — Face  and  Fire — Gladding  McBean  &  Co.,  Crocker  Build- 
ing, San  Francisco;  N.  Clark  &  Sons,  112-116  Natoma  Street, 

San  Francisco. 

City  Planning — Edward  Glass,  Hearst  Bldg.,  San  Francisco. 
Civic  Architecture — Edward  Glass,  Hearst  Bldg.,  San  Francisco. 
Consulting  Architect — Edward  Glass,  Hearst  Bldg.,  San  Francisco. 
Consulting  Engineer  (Municipal  Work) — C.  C.  Kennedy,  Holbrook 

Bldg.,  San  Francisco. 
Culverts — California  Corrugated  Culvert  Co.,  Los  Angeles  and 

West  Berkeley;  Western  Pipe  and  Steel  Co.,  San  Francisco 

and  Los  Angeles. 
Drain  Tile — Gladding  McBean  &   Co.,   Crocker  Building,    San 

Francisco;  N.  Clark  &  Sons,   112-116  Natoma  Street,   San 

Francisco. 

Election  Supplies — A.  Carlisle  and  Co.,  San  Francisco. 
Engineering  Service — Engineering  Service  Company,  Washington 

Building,  Los  Angeles;  C.  C.  Kennedy,  Holbrook  Building, 

San  Francisco. 
Engravers  and  Bond  Printers — A.  Carlisle  &  Co.,  251  Bush  Street, 

San  Francisco. 
Fire  Engines — J.  H.  Lashbrooke  &  Co.,  San  Francisco  and  Los 

Angeles. 
Fire  Hose— The  Gutta  Percha  &  Rubber  Mfg.  Co.,  34  Fremont 

Street,  San  Francisco. 
Flush  Tanks — Gladding  McBean  &  Co.,  Crocker  Building,  San 

Francisco;  N.  Clark  &  Sons,   112-116  Natoma  Street,  San 

Francisco. 
Hollow  Tile — Gladding  McBean  &  Co.,  Crocker  Building,  San 

Francisco;  N.  Clark  &  Sons,   112-116  Natoma  Street,   San 

Francisco. 


RELIABLE  FIRMS  197 

Lighting  Expert— Charles  T.  Phillips,  Pacific  Building,  San  Fran- 
cisco. 

Municipal  Accounting — Wm.  Dolge,  311  California  St.,  San  Fran- 
cisco. 

Municipal  Engineers — C.  C.  Kennedy,  Holbrook  Building,  San 
Francisco;  Engineering  Service  Company,  Washington  Build- 
ing, Los  Angeles. 

Municipal  Printers— A.  Carlisle  &  Co.,  251  Bush  Street,  San 
Francisco. 

Municipal  Supplies — A.  Carlisle  &  Co.,  San  Francisco. 

Ornamental  Lighting  Systems — Chas.  T.  Phillips,  Pacific  Building, 
San  Francisco. 

Pavement — Warren  Bros.  Co.,  Los  Angeles  and  San  Francisco. 

Paving  Contractors — Fairchild-Gilmore  Wilton  Co.,  Pacific  Elec- 
tric Building,  Los  Angeles. 

Paving  Materials— Warren  Brothers  Company,  San  Francisco  and 
Los  Angeles. 

Pipe — Pacific  Tank  and  Pipe  Company,  San  Francisco  and  Los 
Angeles;  Western  Pipe  and  Steel  Co.,  San  Francisco  and  Los 
Angeles. 

Pressed  Brick— N.  Clark  &  Sons,  112-116  Natoma  Street,  San 
Francisco;  Gladding  McBean  &  Co.,  Crocker  Building,  San 
Francisco. 

Redwood  Water  Pipe — Pacific  Tank  and  Pipe  Company,  San 
Francisco  and  Los  Angeles. 

Roofing  Tile— N.  Clark  &  Sons,  112-116  Natoma  Street,  San  Fran- 
cisco; Gladding  McBean  &  Co.,  Crocker  Building,  San  Fran- 
cisco. 

Sewer  Pipe— N.  Clark  &  Sons,  112-116  Natoma  Street,  San  Fran- 
cisco; Gladding  McBean  &  Co.,  Crocker  Building,  San  Fran- 
cisco. 

Sewer  Systems— C.  C.  Kennedy,  Holbrook  Building,  San  Fran- 
cisco. 

Street  Lighting  Expert— Charles  T.  Phillips,  Pacific  Building,  San 
Francisco. 

Street  Sweepers — A.  L.  Young,  461  Market  Street,  San  Francisco. 

Vitrified  Sewer  Pipe— N.  Clark  &  Sons,  112-116  Natoma  Street, 
San  Francisco;  Gladding  McBean  &  Co.,  Crocker  Building, 
San  Francisco. 

Warrenite-Bitulithic  Pavement — Warren  Brothers  Company,  San 
Francisco  and  Los  Angeles. 

Water  Meters — Neptune  Meter  Company,  San  Francisco  and  Los 
Angeles;  National  Meter  Co.,  141  New  Montgomery  Street, 
San  Francisco. 

Water  Pipe— Pacific  Tank  and  Pipe  Company,  San  Francisco  and 
Los  Angeles. 


INDEX 

Page 

Accepted  Streets 177 

Accounting  books 58 

Accounting  requirements 51 

Adjourned  meetings 95 

Advantages  of  incorporation I 

Alien  poll  tax 38 

Ancient  cities,  the T 

Ancient  cities,  garbage  of ,  £ 

Ancient  Rome,  improvements  in 8 

Annexation  of  new  territory,  procedure 48 

Appeals  in  Recorder's  Court 127 

Appointive  officers 90 

Appointment  instead  of  election ^ 92 

Asphaltic  cement,  specifications  for 146 

Asphaltic  concrete  binder  course,  specifications  for 149 

Asphalt  defined 177 

Asphaltic  wearing  surface,  specifications  for 150 

Assessor,  duties  of 61-1 13 

Attorney,  duties  of 115 

Audit  and  examination  of  accounts 65 


Back-filling,  defined 178 

Bail  bond,  form  of 136 

Bail,  defendant  may  be  admitted  to 126 

Bitumen,  defined 178 

Board  of  trustees,  rules  for 42 

Bonds  not  required  from  city 132 

Books  and  stationery,  quality  of 46 

Books,  forms  and  reports 58 

Boroughs,  definition  of "    9 

Boulevard,  defined 178 

Boundaries  by  highway 134 

Bridge  over  boundary 109 

Budget,  form  and  definition  of 52-57 

Building  regulations,  schools  subject  to  in  cities 102 

Business,  what  constitutes *•  •  101 

Cameron  Septic  Tank,  described 179 

Certified  milk,  defined 179 

Civil  actions,  in  Recorder's  Court 

Challenges  to  jury,  Recorder's  Court 122 

Change  of  venue  in  Recorder's  Court 

Charters  for  cities,  early 

Charters  under  the  Constitution . .  '      M 


INDEX  199 

Page 

Churches  exempt  from  taxation 37 

Cities  of  middle  ages 8 

City  gates,  purpose  of 7 

City  manager  plan 17-19 

City  officials  in  England 11 

Claims,  city  may  compromise 107 

Claim,  clerk  cannot  question  validity 107 

Claims,  no  priority  among  claimants 107 

Clerk,  books  to  be  kept 114 

Clerk,  duties  of 61-114 

Clerk's  books 61-63 

Collection  and  deposit  of  money 65 

Collection  of  moneys 118 

Comfort  stations,  denned 180 

Commission  plan  of  government,  denned 16 

"          plan  of  government,  election  for 91 

"          plan,  constitutionality  of 92 

Common  towels  prohibited 176 

Compensation  of  officers 94 

of  officers,  constitutional  provisions 29 

of  other  officers 116 

reduction  of  limited 91 

Complaint,  Criminal,  form  of 134 

Complaint  for  Misdemeanor,  time  for  filing 119 

Concrete  foundation,  specifications  for 148 

"          gutters,  specifications  for 147 

Connections  with  sewer,  lien  for 166 

Contract  required  for  public  work,  when 112 

Costs,  if  defendant  is  acquitted 124 

Council  plan  of  city  government • 15 

Coupon  bonds,  defined 180 

Court  to  decide  law 123 

Culverts,  specifications  for 146 

Curfew  ordinance,  defined 180 


Debt,  Defined 34 

Debt,  power  to  incur 33 

Debts  not  liabilities  imposed  by  law 33 

Dedication,  definition  of 180 

Dedication  of  street 98 

De  facto  officers,  defined 181 

Defaulting  juror,  arrest  of,  form  of  notice 138 

Defendant  must  be  present 122 

"            on  acquittal,  costs 124 

Delegating  duties,  power  to 24 


200  INDEX 

Page 

Demands  on  treasury 106 

Deposit  of  public  money,  regulation  of 33 

Development  of  municipal  government 7 

Discharge  of  defendant 120 

Districts  or  zones  in  cities 103 

Docket  of  Recorder,  how  kept 120 

Docket,  Recorder's  Court,  form  of 139 

Drinking  cup,  common  use  prohibited 175 

Due  process  of  law,  what  is 22 

Dues  for  membership  in  League 4 

Dwelling  house  act 181 

Education  Necessary  for  Better  Government 13 

Eight  hour  day 39 

Elections .' . .  .T 90 

Elections  in  cities 186 

Election  provisions 94 

Electric  wire  poles,  right  to  transpose 34 

Eligibility  to  office 95 

Eminent  domain,  denned 181 

Eminent  domain,  constitutional  provision 22 

Employment  distinguished  from  office 181 

English  city  officials 11 

England,  municipal  government  in 9 

England's  municipal  corporation  act 11 

Equalization,  trustees  sitting  as  board  of .' Ill 

Excess  condemnation,  denned 182 

Excluding  territory,  procedure  for .' 48 

Ex  officio  office,  bond  for 91 

Expansion  joints,  denned  — '. 182 

Extra  compensation  to  officials 25 

Extracts  from  Constitution  of  California 20 

Fees  to  Judicial  Officers  Prohibited 26 

First  meeting,  how  to  conduct ; 41 

First  municipal  institutions 7 

Fifth  Class  Cities,  appointing  officers  in 68 

"          "        *        auditing  demands 75 

"          "        "        collection  of  moneys 88 

*          "        "        commission  government  in,  .^ 67 

"          "        "        compensation  to  officials r 69-82 

"          "        "        contract  work 78 

'          "        7<   debt  limit 75 

"          "        "        duties  of  Assessor 79 

"          "        "        duties  of  Attorney 81 


INDEX  201 

Page 

Fifth  Class  Cities,  duties  of  Clerk 80 

"         "        "        duties  of  Treasurer 79 

*  "        "        elections  in 66 

*  "        "        election  regulations 70 

enacting  clause  of  ordinances 74 

equalizing  taxes 77 

*.,*.*        fire  departments 89 

"         "        "        fines,  how  disposed  of 126 

"          "        "        imprisonment 75 

"         "        "        library  in 70 

"         "        "        marshal  of 81 

"        meetings  of  board 71 

"        "        meetings  of  school  board 83 

"          "        "        no  diversion  of  school  funds 86 

"          "        "        nuisances 76-88 

"          "        "        officers  of 66 

official  bonds  in 68 

"        "        officials  interested  in  contracts 88 

"        "        passing  ordinances 71-74 

"          "        "        president  of  school  board 86 

powers  of  president 78 

"        "        powers  of  school  board 83 

"          "        "        powers  of  city  trustees 72 

qualifications  for  office 70 

Recorder's  Court  in 86 

"        right  of  way 76 

"        "        rules  of  board 71 

*."-*"        school  district  in 83 

*  "        "        school  funds  of 85 

school  fund  warrants 86 

"        secretary  of  school  board 86 

"        tax  levy 76 

"          "        "        trustees  of 71 

"          "                 vacancies 69 

"          "        "        vacancies  on  school  board 83 

•''*••        waterfront  fund 77 

Flush  tank,  defined 182 

Food  sanitation  act,  provisions  of 171 

Franchises 96 

French  towns  of  middle  ages 8 


Galveston's  Experience 16 

Gates  for  cities,  purpose  of 7 

Garbage  disposa'  in  ancient  cities 8 

General  laws,  applicable  to  charter  cities 28 


202  INDEX 

Page 

Gifts  of  public  money  prohibited 24 

Governmental  functions,  defined 183 

Grading  specifications 143 

Grounds  for  a  new  trial 125 

Health  Boards,  Powers  and  Duties 159-160 

High  schools  are  "public"  schools 27 

History  of  the  League I 

History  of  municipalities 7 

Hospitals,  cities  may  establish 105 

Hotels,  sanitation  of 173 

How  to  conduct  trial 123 

How  to  organize  a  municipal  corporation 40 

Imhoff  Tank,  Described T 184 

Inalienable  rights 20 

Incorporation  proceedings 40 

Indebtedness,  power  to  incur 33 

Indecorum,  punishment  for 44 

Initiative  and  referendum 24 

Initiative,  referendum  and  recall  proceedings 157 

"          and  referendum,  procedure  for 184 

Injunction,  security  from 133 

Invalid  ordinances,  examples  of 31 

Itinerant  venders,  definition  of 184 

Jeopardy,  Once  in 21 

Judgment,  arrest  of 125 

fine  and  imprisonment 138 

may  direct  punishment 124 

"            of  imprisonment 126 

when  to  be  rendered 125 

Jury,  failure  to  agree 124 

"      how  to  decide 124 

"      how  to  deliver  verdict 124 

"      trial,  how  waived 122 

"      when  to  discharge  without  a  verdict 124 

"      trial,  right  of 21 

Justices  of  the  Peace 25 

Lamp  hole,  defined 184 

League  of  California  Municipalities 3 

Lending  credit  prohibited 24 

Liability  of  municipality 184-186 

of  officers...  185 


INDEX  203 

Page 

License  fees 100 

"        for  regulation,  limited 32 

*  tax  a  debt 101 

*  taxes,  constitutional  provisions 32 

Local  government  in  America 12 

Macadam,  Defined 177 

Manager  plan  of  city  government 17 

Manager  plan,  theory  of 18 

Marshal,  duties  of 64 

power  and  duties  of 115 

Meetings  of  board 95 

Meeting  for  first  time,  conduct  of 41 

Middle  ages,  cities  of 8 

Milk  bottles,  quarantine  for 169 

Minutes  of  meeting,  how  to  keep 46 

Minutes,  entering  judgment  in 126 

Mode  is  the  measure  of  power 105 

Model  tax  bill 59 

Money,  deposit  of,  constitutional  provisions 32 

Mosquito,  abatement  districts 162 

Municipalities,  history  of 7 

as  business  institutions 13 

Municipal  accounting 51 

"         affairs,  what  are 28 

*          boards  of  health 159 

"          corporation,  definition  of 14 

"         corporations,  how  created 14 

corporation,  how  to  organize 40 

"          corporations  under  constitution 27 

"          corporations  of  the  Sixth   Class , 90 

"          corporation  act  of  England 11 

"         courts,  defined 25 

"         government  in  England 10 

"         government  in  U.  S.,  origin  of 12 

"          health,  nurses 162 

"          ownership,  right  of 34 

Museums,  power  to  establish 190 

Municipal  purposes  or  uses  defined 186 

Names  of  Streets,  Origin  of 8 

New  trial,  grounds  for 125 

New  trial,  motion  for 125 

Nuisance  defined 108 

Nuisances  defined ...                                                                                      165 


204  INDEX 

Page 

Nuisance,  code  definition 133 

Nuisances,  how  abated 108 

Nuisance,  remedies  for 133 

Nurses,  public  health,  for  cities 162 

Nurses,  public  health,  authority  to  appoint 186 

Office,  Residential  Qualifications 191 

Oath  of  office 39 

"      of  office,  failure  to  take 186 

"      of  jurors 123 

Obstacles  to  better  government i:t 

Obstructions  in  street,  legality  of 28 

in  streets 99 

Offensive  occupations,  right  to  prohibit ^ 20 

Office,  distinguished  from  employment 181 

"      eligibility  to  hold 95 

Officers  of  city 90 

"        interested  in  contracts 118 

"       suspension  of • 187 

Official  bonds 92 

Once  in  jeopardy,  definition 21 

Ophthalmia,  disease  of  the  eye 164 

Order  of  business 44 

Ordinances  cannot  be  suspended 187 

Ordinance,  effect  of  invalid  section 96 

Ordinance  fixing  time  of  meeting 41 

Ordinances,  how  construed 96 

Ordinances,  how  passed 96 

Ordinances,  invalid,  examples  of 31 

Ordinance,  a  "law  of  this  State" 96 

Ordinance,  question  of  reasonableness 30 

Ordinances,  maximum  penalty  must  be  stated 108 

Ordinances,  publication  of 106 

Ordinances,  title  of 96 

Ordinance  and  State  law  on  same  subject ' 30 

Ordinances,  valid,  examples  of 31 

Organizing  a  municipal  corporation 40 

Orphanages  exempt  from  taxation 38 

Parish  Meeting 10 

Parishes,  functions  of • 

Parks,  limitation  of  use 99 

Party  wall,  defined 188 

Parliamentary  law,  necessity  for  observing  188 

Pensions  for  police  and  firemen 188 


.  INDEX  205 

Page 

Petition,  right  to  withdraw  names 157 

Personal  property  exemption  from  taxation 38 

Picketing  ordinances  valid 188 

Plea  of  guilty,  proceeding  in  such  case 124 

"     in  Recorder's  Court 120 

Plumbers,  registration  of v 188 

Policemen  are  officials,  not  employees 188 

Police  and  firemen,  personal  liability  of 189 

"      pensions 188 

*      powers  defined 29-188 

"      power,  extent  of 22-29 

Poll  tax  on  aliens 38 

Poor  law  unions 10 

Portland  cement,  specifications  for 148 

"        testing 189 

Postponement  of  trial 122 

Powers  of  government,  distribution  of 23 

"        of  trustees 97 

President  of  board,  powers  of 13 

Previous  fiscal  year,  status  of  funds  of 33 

Printing  and  advertising,  contract  for 112 

Private  business,  city  cannot  engage  in 190 

"        sewers,  city's  liability  in 189 

Privileges  and  immunities  of  citizens 23 

Proceedings  for  incorporation '. 40 

Process,  style  of 26 

Prohibition,  writ  of,  defined 189 

Proprietary  functions  defined 190 

Public  health  nurses,  authority  to  appoint 186 

schools,  defined 27 

money,  deposit  of 32 

"      parks,  use  of 99 

"      utilities,  ownership  of 34 

work,  when  by  contract 112 

Quarantined  child  not  to  attend  school 170 

Quarantine  rules 167 

Quasi  corporations,  defined 190 

Quo  Warranto  defined 190 

Rags  for  Wiping,  Sterilization  of 164 

Railroad  Commission,  constitutional  provisions 34 

Railroads,  permit  to  enter  city 134 

Rabies,  prevention  of 163 

Ready-to-serve  charge,  defined 190 

Recall  proceedings 157 


206  INDEX 

Page 

Reconsideration  of  vote,  by  trustees 191 

Record  of  meeting,  how  to  keep 46 

Records  in  fireproof  vault 43 

Recorder's  Court 117 

how  to  commence  proceedings 119 

"      jurisdiction  of 26-1 19 

"      Penal  Code  Provisions  for 119 

Recorder,  when  disqualified 118 

Recorder's  books 64 

Referendum  proceedings 157 

Reform  act,  conditions  prior  to 10 

Refuse,  defined 191 

Registered  bonds,  defined 191 

Regulation,  amount  of  license  for 32 

Regulation  and  revenue  distinguished ,., 101 

Reinsch-Wurl  screen,  defined 191 

Reliable  firms 196 

Relief  work,  power  over 191 

Religious  freedom 20 

Removal  of  buildings,  power  over 191 

"         of  officers 24 

Report  to  State  Controller 65 

Rescinding  prior  acts 191 

Residential  qualification  for  holding  office 186-191 

Resignation  of  officer 191 

Revenue  and  regulation  distinguished 101 

Rewards  for  apprehending  offenders 192 

Right  of  way,  how  secured 109 

Road  money,  return  of 46 

Rodents,  extermination  of 164 

Rules  for  board  of  trustees 42 

for  conducting  meetings 96 

Sabotage  Defined 192 

Sand,  specifications  for 145 

Scales  on  sidewalk 192 

School  system  a  State  affair 28 

Schools  must  be  kept  up  27 

Self-government,  theory  in  U.  S 13 

Seating  arrangement  for  trustees 45 

Search-warrant,  property  taken  by 130 

must  be  served  within  ten  days 130 

may  be  served  at  night 130 

how  may  be  served 129 

form  of 129 

when  to  issue 128 

grounds  for  issuing 127-128 

defined...  127 


INDEX  207 

Page 

Several  defendants  may  be  tried  together 124 

Sewering,  specifications  for 153 

Sewage  in  streams,  unlawful 166 

Sewer  connections,  lien  for 166 

Sewers,  financing  construction  of 192 

Shade  trees  on  streets,  planting  and  care  of 192 

Sixth  Class  Cities,  municipal  corporations  of  the 90 

Smoke,  a  public  nuisance 192 

Soldier's  tax  exemption 37 

Spain,  municipal  institutions  in 8 

Speaking  in  streets,  city  may  prohibit 99 

Special  meetings,  how  called 95 

notice  required 192 

Specifications  for  asphaltic  wearing  surface 150 

"        concrete  binder  course 149 

Specifications  for  broken  stone 145 

concrete  gutters 147 

for  concrete  foundation 148 

for  culverts 146 

for  grading 143 

for  Portland  Cement 148 

for  sand 145 

for  sewering 153 

for  stone 145 

for  stone  dust 145 

for  street  work,  general  requirements 141 

for  Warrenite-Bitulithic  pavement 151 

Spite  fence,  defined 193 

Spitting  prohibited 165 

State  Controller,  report  to 65 

Stationery  and  supplies,  quality  of 65 

Street  cars,  regulating  speed  of 193 

Street,  dedication  of 98 

Street  defects,  liability  for  damage 98 

"        fairs,  control  over 193 

Streets  include  sidewalks 98 

Street  names,  origin  of 8 

obstructions 99 

speaking  may  be  prohibited 99 

trees,  control  over 194 

Subpoena,  form  of 137 

Supoenas,  how  issued ' 126 

Sunday  laws 20 

Sureties  on  bond,  public  or  private 93 

Swimming  pools,  sanitation  of '. 172 

Syndicalism,  criminal,  defined 194 


208  INDEX 

Page 

Taxation,  Distinguished  from  Eminent  Domain 194 

Taxation  must  be  in  proportion  to  value 36 

Taxation,  personal  property  exemption 38 

system  of 109 

for  State  purposes 38 

soldiers,  churches  and  orphans  exempt 37 

Taxbill,  a  suggested  model 59 

Tax  Collector's  books 64 

Taxes  on  railroads,  telegraph,  gas  and  electric  companies,  etc ,. . .  39 

Term  of  office,  denned ' 29 

Topeka  specifications,  defined 194 

Township,  definition  of 9 

Treasurer,  duties  of 61 

Treasurer's  duty 113 

liability 93 

Trees  on  streets,  control  over 194 

Trial  by  jury,  right  to 21 

"      "      "      how  waived 122 

Trial,  postponement  of 122 

Trustees,  compensation  for >v 93 

powers  of 97 

Unformity  of  Laws : 21 

Urgency  ordinances 42 

Vacancy,  How  Filled »3 

Vaccination  act 162 

Valid  ordinances,  examples  of 

Venue,  change  of,  in  Recorder's  Court 

Verdict  of  jury,  how  delivered 124 

in  case  of  several  defendants 124 

Vital  statistics,  city  clerk  to  keep 194 

Warrant,  Form  of 135 

Warrant  of  arrest 119 

'         "       "      for  corporation 119 

"       '      formof ll!l 

Water  companies,  no  charge  for  service  pipe 97 

pipe,  various  kinds 195 

rates  not  a  lien 97 

Warrenite-Bitulithic,  definition  of 194 

specifications 151 

Weeds,  act  for  removal  of 195 

Weeds  a  nuisance 108 

Wiping  rags,  sterilization  of _ 164 

Words  and  phrases  used  in  municipal  affairs 1 77 

Writ  of  prohibition,  defined 189 

Writ  of  Quo  Warranto,  defined 190 

"Y"  Branches  to  Sewer 195 

Zones  in  Cities,  Defined 195 


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